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If a utility company has asked me for an easement on my property should they pay me for it?
Wiki User
∙ 16y ago
You could slow things down by refusing to grant an easement. However, because of their very nature of providing vital services to the public, utility companies are given broad powers to take what they need to ensure the safety and operation of their lines. The utility company could pursue a court order or taking by eminent domain in order to get the land they need to complete their lines.
Wiki User
∙ 10y ago
Wiki User
∙ 16y agoYes, they should because it is your properity
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Is the property owner responsible to maintain the utility easement?
You need to review the document that created the easement to determine that type of responsibility. All the terms should be included in that document.
What do you do if a utility easement as well as a ROW easement are not on your deed?
Easements do not have to be recited in your deed to be effective. Often a prior owner conveyed rights to an abutter or utility company and only the property description is carried forward in subsequent deeds. A full title examination should disclose easements and other rights that are not recited in the deeds in the chain of title. In fact, that is a main purpose of a professional title examination of real property. Sometimes, a title examination reveals that the utility or other entity claiming the easement does NOT have rights in the property. Discuss the problem with the lawyer or title company who represented you at your time of purchase.
Should a utility company pay me rent if a utility pole is in my yard carrying cable and phone wires?
Technically, the utility pole exists in what is commonly known as a utility easement. No, they do not have to pay you rent.
The power company has no easement on their power line that goes through your property Can you build a garage under the line?
Your title would need to be researched to determine if an easement was granted in years past. Utility easements are often not recited in deed descriptions. Failure to recite the easement does not mean the easement doesn't exist. Grants by property owners are not the only method by which utility companies acquire rights. In some cases, easement rights were taken by eminent domain. In some cases the utility was permitted to construct a ROW by virtue of a legislative act. In that case, it would have an easement. You should speak with an attorney in your area before you construct anything within the limits of the power line. An attorney who specializes in real estate law would be familiar with the local practices. If you build a garage within the power line ROW and later find the utility did have an easement it can and will demand the garage be removed.
Home has a 13' utility street easement Qwest has their line 22' onto my property for a service line not individual line Do I have any recourse if I want the line moved or can I charge rent?
Qwest needs an easement from you to install any utility equipment other than your private line on your private property. If Qwest has no easement then you do have recourse. You should arrange a consultation with a real estate attorney to explore your options.
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.
Do you measure property from the utility line or the building line?
you need to read the deed description carefully to determine where the property lines are. A building line is generally not a property line. As for the utility easement area, your property may run up to the easement line or the easement may be on your property. If you do not understand the description in your deed you should contact the attorney who represented you at the time of purchase and ask her to review the deed with you. There may be a survey of your property recorded in the land records. You could also take your deed with you to the town assessor's office where you may be able to obtain a copy of the assessor's map that shows the location and dimensions of your lot.
Can PGE run a powerline through the middle of your backyard?
You should try calling the attorney who represented you at the time you purchased the property. There should have been a title examination performed at that time and it should have revealed any easements granted by a prior owner. If that doesn't work for you then you need to consult an attorney now and have the title to your property examined by a professional to determine if there was an easement granted by a past owner. The attorney should also be able to determine if the power company has any inherent rights in your state to erect and maintain power lines. If no easement or inherent rights can be found then you (through your attorney) should challenge the utility company to provide proof of their easement rights over your property. If they cannot then you should be awarded damages or determine with your attorneys help what your legal options may be.
Does the town own your property if you give them an easement?
When you grant an easement in your property you are granting the other party the right to use a portion of your property for some specific purpose. You still own the property. The other party owns a right in your property. You should review the document that created the easement for details.
Are you liable for neighbors water lines on your property?
It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.It is likely that you are liable for any damage if your neighbor has easement rights to maintain a water line. If they have easement rights it is likely they include the right to replace and repair the lines. You should check your deed first. Easement rights may be mentioned. If not, you should contact the attorney who represented you when you purchased your property and ask if the property is subject to any easement rights that are not mentioned in your deed.
How does one know if a property easement is road only or a utility easement or both?
You need to approach the owner of the road and negotiate for additional easement rights. You should also discuss the situation with an attorney to determine if the laws in your state confer any other rights when you have right to use a private road.
What if a natural gas company built a road on your property prior to you buying the property can the land owner ask for a yearly fee for the use of the property?
You should contact the attorney who represented you when you purchased your property. There should be an instrument in the chain of title for the property that describes the rights that were granted to the gas company by a prior owner. When you purchased the property a title examination should have been performed and the attorney should be able to provide you with a copy of the instrument that created the easement.The most likely explanation is that a prior owner granted easement rights to the gas company for a small fee. You have no power to change the provisions set forth in that easement agreement. When you purchased the property you purchased it subject to any outstanding liens and encumbrances. If the attorney who represented you when you purchased your property cannot or will not help then you can go to your local land records office and ask the staff to help you find the easement so you can review its terms.
