Can I Use A Utility Easement To Access My Property?

What rights does an easement holder have?

A private easement is a property right to make a limited use of land by someone other than an owner.

It cannot give exclusive possession, and must be for the benefit of other land (the dominant land)..

What can I do if my land is landlocked?

To get legal access to a property that doesn’t adjoin a government owned road, you have to get an easement added to the landowner’s property you need to cross. Typically, easements are transferred with new ownership, but they aren’t always shown on the current deed.

What type of easement is a utility easement?

An easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property. … Example: Landowner A may grant an easement in gross to a utility company, allowing the company to bury a gas pipeline across his property.

Is it bad to have an easement on your property?

Utility easements generally don’t affect the value of a property unless it imposes tight restrictions on what the property owner may and may not do. … For example, beach access paths that are technically on private land, but have been used by the public for years, may be subject to such public easements.

Can you put fence on easement?

Yes, you can build on a property easement, even a utility easement. … The dominant estate owning the easement may need to access the easement. Anything, from a house addition down to fences, shrubs, and children’s playsets might need to be removed in this event.

How much does an easement devalue a property?

Common easements have NO impact on property value as property value is determined by the principle of “substitution”. If ALL of the lots have similar easements, then there is zero impact on value.

How much is a utility easement worth?

Based on the Federal Method, the value of the utility easement is the difference between these two numbers. For example, a property could be worth $100,000 before an easement is acquired. After the easement is acquired, it could be worth $95,000. The easement would then be valued at $5,000.

Should I sign a utility easement?

The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.

Who maintains a utility easement?

One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is – the owner of the easement is responsible for maintaining the easement.

Do perpetual easements transfer to new owners?

Easements in Gross are easements that grant the right to cross over someone else’s property to a specific individual or entity and, as such, are personal in nature. In other words, they do not transfer to a subsequent owner.

How wide is a utility easement?

20 – 35 feetThe easement (also called right-of-way) is tied to land, no matter who owns it. In our case, it refers to a strip of land, usually 20 – 35 feet wide, for the township’s water mains and/or sanitary sewer mains to go through your property. The water or sewer main itself may only be a foot or two wide.

How do I set up a utility easement?

Five Ways to Create an EasementExpress Grant by Instrument. An express grant by written instrument is the most common source of an easement. … Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. … Necessity. … Dedication. … Prescription.

Can anyone use a utility easement?

Utility easements are areas of land that are privately owned but can be used by utility companies for utility poles or underground lines. Easements exist to keep utility costs down for all members of the community.

What is an access and utility easement?

When termed as a utility easement, it means a utility company’s right to access and control the portion of another person’s land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

How do utility easements work?

You own the land, but they have the right to use your land to access their equipment. Utility easements are usually written into your deed. … A utility easement will transfer with the land, or “run with the land”—that is, if you sell your house, the next owner buys your house and land with the easement on it.

Can I refuse a utility easement?

Yes, you are entitled to adequate compensation for easement on property in NSW as outlined in section 88K of the Conveyancing Act. … It is important that you do not unreasonably refuse to give an easement, particularly if you have been offered adequate compensation.

Can you put a driveway on a utility easement?

An easement gives someone the right to use a section of land for a specific purpose even though they are not the owner of that land. … Generally not, as you can build under or over it if the work will not have a material interference with the easement.

How do I get rid of an easement on my property?

Terminating easements by express release or agreement You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.