INFOGRAPHIC: How Proximity to Specific Neighborhood Traits Impacts Property, INFOGRAPHIC: Median Home Prices Throughout California Counties, How To Use Mirrors To Feng Shui Your Home, Why You Should Invest In A Rental Property. The Municipality has jurisdiction over utility, public utility, public access, public use, section line, and drainage easements. Another interesting issue is that, unlike §704.01(2), which provides for both ingress/egress and utility easements, §704.01(1) only contemplates rights-of-way (and does not address utility easements). The easement may strictly prohibit such construction, or, alternatively, it may permit such construction so long as the improvement can be constructed in a way not to interfere with the city’s easement rights (which may include the right to access, maintain, repair, construct, and/or inspect the sewer line or underground utility). As the property owner, you could have several types of utility lines running under or over your land, such as electric or gas lines. If, for example, a utility company enters your property to read the water meter, and in the process destroys landscaping, you can sue for damages. It could be a simple matter if the holder of the easement – such as your neighbor – agrees to terminate the easement agreement. If not, you may have recourse. A negative easement under Virginia property law, is known as a … The content is not legal advice. But sewer and water lines aren’t always known about and are often discovered after digging starts to put in a swimming pool, for example. You might be able to successfully challenge an easement, but only if the circumstances are right. Utility easements are maintained by utility companies for the benefit of other properties and restrict the owner’s use of the land in several ways, such as preventing the creation of permanent structures. Documentation the city and contactors summited for federal approval has no mention of putting utilities on our easement. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners. If that’s the case, you’ll probably want to speak with a real estate lawyer for advice. If you do, the utility company can remove the obstruction or even destroy it if it interferes with the easement. A utility company needs to run its pipes, lines, etc. You may have many utility lines leading to your house for certain services. If you erect a patio over top of a portion of the land that a neighbor is legally allowed to cross through to gain access to the street, not only could you be forced to take it down, you could also wind up in court. Home / Electrical Services / Utility Easements and Your Rights. You also can seek an injunction or restraining order to ensure that the utility accesses the meter without destroying your property. When you buy a Sarasota home and it has land associated with it, your property survey and title might indicate a utility easement. Occasionally, property owners buy a home with towers at the edge of their property. An easement is an interest in land belonging to another person, so that the easement owner has a limited right to use or enjoy the other person’s property. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership. Sometimes there's nothing in writing showing a utility easement, but an easement is usually implied when you buy a house that comes with running water, cable, electricity or gas, and other utilities. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another – they provide pedestrian and/or vehicular access. As a homeowner, you would probably assume that you’re purchasing the land around your home, front yard, back yard and driveway. Utility companies with easement rights can also tear down a fence to perform maintenance repairs. Prescriptive Easements. The law of easements is complex. About 2 feet of the easement. The rights of utility companies to step foot on your property, as described above, are common, and are referred to as easements in gross. But sometimes easements can be granted to neightbors who need to cross through your land in order to access the street. We are not a law firm, or a substitute for an attorney or law firm. Negative v. Affirmative Easement. Property owners will want to know whether there's a utility easement on their land, and, if so, what their property owners' rights actually are. And be prepared to take the battle to court. The key here is the “specific purpose,” which needs to be defined in detail. A utility easement is an easement that allows a utility the right to use and access specific area of another's property for laying gas, electric, water, and sewer lines. An easement is a non-possessory interest in the land of another. You own the land, but they have the right to use your land to access their equipment. Some of these may include lines, pipes, dishes, meters, or tanks for: If you have any of these, you have an easement because the companies can access your property, for example, to fix a broken water pipe or electric power lines that fell in a storm. Luckily, you've come to … Thank you for subscribing to our newsletter! Privacy Policy. Easement in gross. Property owners, however, can take a utility company to court if a company abuses the easement. The rights of utility companies to step foot on your property, as described above, are common, and are referred to as easements in gross. The utility company has the right to use the land to maintain and repair their lines, pipes, or equipment. Imagine making one last visit to a home you’ve just agreed to purchase, only to see the neighbor in the back cutting through your driveway to get access to the road. A utility easement is perhaps the most common type and it involves giving easement rights to a utility company or the local municipality (city, county, or state) in general. Use of our products and services are governed by our This type of easement can’t be transferred when the property sells, and as such, these easements are said to “run with the land.” That means that they’re part of the land’s ownership, and can’t be transferred with the seller upon the sale of the property. These easements are typically described in the property deed and include a map defining the area to which the utility or municipality is entitled. Sometimes easements might also have an expiration date, after which it no longer exists. An easement is a legal right to use someone else’s land for public or private purposes. In other cases, utilities may have a specific right, granted by your deed, to use a corridor on your property—usually on a boundary line or near the property's perimeter—to set up utility poles, lines, or towers. You’ll definitely want to be in-the-know if you plan on putting an addition to your home or building deck. There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk. As a property owner, you have the right to know what type of easement your land is attached to, and how it will affect the enjoyment of your property. This is the most common form of easements, which grant utility companies the right to enter a property at no charge to provide their services. Easements attach to property deeds and pass to all future owners can ’ t use your property and. Approved when required, and drainage easements easements can be above or below ground, these. Clause that says rights to access part of a short road or.! 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