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Presumptive easement occurs when the access or easement has been used for so many years it has become an established easement. The owners permission is not necessary if they allowed it to go for years without complaint.

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10y ago

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Can a telephone company attach lines to your property without your permission?

If the telephone company has a recorded easement against your property, they may install telephone lines to the extent allowed by the easement. You can find out whether there is such an easement against your property by looking in the title insurance policy you received when you bought your property. If you see a telephone easement listed, you can get a copy of it at your county courthouse. If you don't see any telephone easements in the policy, or have questions about the extent of such easements, call the title insurance company.


How can you buy back a utility easement or part of it?

A utility easement is a feature of the property you own, not a loss of property. A utilty easement is a section of your property that needs to be left accessible to the utility (electric company, phone company, etc.) for service, repairs, upgrades etc. You can use the space such as erect a fence but you need to know that if the utility needs to access your easement space they have the right to move or destruct what you have erected.


Can a utility company legally compel a property owner to grant an easement?

Yes, a utility company can legally compel a property owner to grant an easement through a process called eminent domain, which allows the government or certain entities to take private property for public use with fair compensation to the property owner.


You have an elctical easement in your backyard do you have any legal rights to keep people off of like like neighbors who walk through your yard?

The easement only applies to the electric company. Your property does not become Public Property.


How far away from a utility easement do you have to be?

The area on either side of a utility easement is generally stated in the instrument that created the easement. For example, "no structures within 15 feet of either side of the center line". Check with the title company or attorney who represented you when you purchased your property for a copy of the easement document.


If a property owner granted a utility company an easement after decades of licensed use does recording of the easement eliminate any prescriptive claims?

There would be no prescriptive claims in any case: licensed use is not hostile and a recorded easement presumes fair consideration.


What is the easement of an electric company called?

Utility easement, they are common.


I have an equestrian easement across the bottom of my property also an easement to maintain landscape on the easement. What are they allowed to do and what are my rights.?

Those provisions should be set forth in the instrument(s) that created the easements. You should contact the attorney or title insurance company that represented you at the time of your purchase and request a copy of the original easement.


What is a cable interest in property?

You haven't provided enough detail. Perhaps a cable television company has easement rights in the land.


What is a waterline easement and how does it impact property ownership and usage?

A waterline easement is a legal right that allows a utility company or government entity to access and maintain water pipes or infrastructure on private property. This can impact property ownership and usage by restricting certain activities on the easement area, such as building structures or planting trees. Owners still retain ownership of the land but must allow access for maintenance and repairs.


What is a water line easement and how does it impact property ownership and usage?

A water line easement is a legal right that allows a utility company or government entity to access and maintain water lines on private property. This impacts property ownership by giving the easement holder certain rights to use the land for water line purposes, which can restrict the property owner's ability to build or make changes in that area. It may also limit the property owner's usage of that portion of the land.


If a utility easement is granted to the power company can other utilities use that same easement without the power company's permission?

No. Also, other utilities can't use the easement unless that right was granted in the original instrument that granted the easement.