If you have a utility easement on your property, this can make a difference in precisely what you can do on your property. Each utility easement is not the same.
A utility easement gives the utility company full access to your property for the “good of the community.” The Utility company does not need to get permission to enter your property or work on your property. In fact, due to the utility easement, they could cut down trees, dig holes in your garden, or even not allow you to build an underground swimming pool or plant a tree. Once your property has a utility easement, there is nothing that you can do about it. The utility company already has the right to enter your property.
Table of Contents
- Utility Easement Defined
- Utility Easement And Rights To The Property
- Compensation For A Utility Easement
- Utility Easement And Purchasing Property
- Related Question
Utility Easement Defined
The property deed may come with a utility easement. In the case of a utility easement, another party may have full access to your property without your permission to make changes that you may or may not agree with.
A utility easement is a common issue that many property owners need to deal with.
A utility easement is a parcel of land that can give utility companies the right to access private property for the community’s ” good.” The issue here is the “good of the community” and what that can mean to you as a property owner with a utility easement.
It can mean for the “good of the community” that a utility company may have the right to trim a tree in your backyard if it is interfering with a telephone pole. Or they may decide to dig up your garden if they need to access some utility pipes in the ground.
It can be unpleasant if you have a utility easement on your property and the utility company needs to dig up your garden or cut down a tree. Still, these easements are a necessary part of our modern-day living in a world that depends on utilities.
Utility Easement And Rights To The Property
The utility company may have legal rights if your property has a utility easement. There is no point in disagreeing with these rights as the utility company, through the easement, is given free access as needed.
With a utility easement, the utility company may have free access as follows:
Utility Company Can Access Your Company Without Any Approvals –
The utility company can access your property without your approval. They do not even need to tell you who is working on your property, as they have the right to enter it and do what needs to be done.
Restriction To Improvements On Your Property –
You may decide to improve a specific part of your property. Still, the utility company can tell you it is not allowed due to the utility easement. This could include installing an in-ground swimming pool or even erecting a fence.
Right To Tear Up Your Property –
The utility company may require access to a part of your property, and they have the right to teat it up. They do not need to put it back as it was, so you can lose a garden, rose bushes, or other things (see below about compensation).
Right To Decided On Vegetation –
The utility company can also tell you if you are allowed to plant a tree in a certain spot or not. Due to the utility easement, they may not want you to plant the tree in a location.
Compensation For A Utility Easement
If a utility company wants to set up a utility on your land on your property, they need to negotiate with you.
An example of this would be if you and the utility company wanted to run utility poles and powerlines on your property instead of buying the land, they would negotiate with you for a utility easement.
After both parties agree that there would be a utility easement, then you would receive compensation for the utility easement before that utility company can start to work.
If a utility company approaches you about a utility easement on your property, we suggest you consider contacting a lawyer to help guide you through the process. Depending on the situation, they may negotiate an agreement that will give you a reasonable amount of compensation.
Some precedents and laws state your compensation and requests must be “reasonable.” As a utility easement is for the “good of a community,” the judge can decide that the utility easement can move ahead despite any protests you have.
When you are negotiating the utility easement, the property’s current owner should receive some form of compensation. However, future property owners will usually not be compensated or given payment.
Utility Easement And Purchasing Property
Real estate with a utility easement is common, but there are some things you need to make sure of. Ensure you know the utility easement and exactly what it means for your property before you close on it.
Causing restrictions placed on a property with a utility easement, you must consider those restrictions you may face before signing any deed or deal. A utility easement is designed to help serve the needs of the community. As long as you do not have a major problem, it should not be a dealbreaker for you not to purchase the property.
But with any real estate purchasing deal, it is best to know all these things before making the actual purchase.
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