Understanding Easements: Why Utility Companies Can Access Your Property Without Permission 😱👷
construction: Always needed, never appreciated!
Types of Easements and What They Mean for Property Owners
An easement is a legal right that allows someone to use another person's property for a specific purpose. Easements are granted for a variety of reasons, such as to provide access to public utilities or to allow the construction of a road or highway.
Different Types of Easements
There are several types of easements, each with its own set of rules and regulations. Some of the most common types of easements include:
Express Easements: These are easements that are created by a written agreement between the property owner and the party seeking the easement. Express easements are typically recorded in the property's deed and remain in effect for a specified period of time.
Implied Easements: Implied easements are created when the circumstances of a property suggest that an easement was intended. For example, if a property is divided into two separate parcels and one parcel is landlocked, an implied easement may be created to allow the owner of the landlocked parcel to access the public road through the other parcel.
Prescriptive Easements: A prescriptive easement is created when someone uses another person's property for a specific purpose for an extended period of time without permission. To establish a prescriptive easement, the use must be open, continuous, and uninterrupted for a specific period of time (typically 10 to 20 years).
Easement in Gross: An easement in gross is a type of easement that is granted to a specific person or entity rather than to a specific property. For example, a utility company may be granted an easement in gross to install and maintain power lines.
Utility Easements
Utility companies are often granted easements to access private property for the installation and maintenance of power lines, telephone lines, and other public utilities. Utility easements are typically granted as easements in gross, which means that they are granted to the utility company rather than to a specific property.
While utility easements allow utility companies to access private property, property owners still maintain ownership of the land and may continue to use the land for other purposes. However, property owners must allow the utility company to access the property for the purpose of maintaining and repairing their equipment.
Easements are a complex legal concept that can be difficult to understand. However, understanding the different types of easements and what they mean for property owners is essential to protecting your property rights. If you are unsure about an easement on your property or have questions about your property rights, it is important to consult with a qualified attorney who can help you navigate the legal system.
This is such a complicated subject to navigate, so I would highly recommend speaking with a real estate attorney and/or a survey company to ensure things are done correctly from a legal standpoint. As always, I’m happy to offer my help however I can if you have questions or are in need of a referral!