Quick Answer: How Do Utility Easements Work?

How close can you build to a utility easement?

Utility easements are usually centered over the utility line, and are wide enough to allow the passage of maintenance equipment – often 10 or 15 feet wide.

Here’s the kicker, however.

Even though that storm sewer line is 20 feet deep, you can’t build anything in the easement above it..

Can I landscape over an easement?

If you have an easement on your property, it will be registered on your land title. … Sheds, paths, driveways, edging and other landscaping are common improvements that are sometimes placed over easements. In each case, the design of your garden and any improvements need to allow for possible ground subsidence.

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 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 I build fence on utility easement?

As long as you do not breach council or other rules or any covenants, easements or restriction on users, you and your neighbour can agree to build the fence you want, even if this is different from what might be a sufficient dividing fence. Any agreement should be written down and signed by you and your neighbour.

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.

Who is responsible for a utility easement?

SCHORR LAW’S REAL ESTATE BLOG 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 utility easements reduce property value?

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.

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 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.

What is an easement utility?

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 much do utility companies pay for easements?

Property owners have rights regarding their utility easements. The property owner owns the land with the easement and must pay taxes on the easement area. Usually, the utility companies don’t pay anything for the use of the easement.

Can you put a gate on an easement?

Easement Holder Rights vs. the Rights of the Servient Estate Owner. … For example, as long as an ingress and egress easement does not state that the easement holder has unobstructed access or an “open way,” the owner of the servient estate may put in fences and gates over the easement area.