If you have a property and decide to add to it or build on it, but a utility pole is involved, you will need to get the utility company to move it. l

If you have a utility pole on your property, there is a chance that you probably have a utility easement on your property. With a utility easement, the utility company has the right to enter your property and advise you on what you can or cannot do on your property. Before buying a property with a utility easement, you need to understand what that utility easement entails.

Table of Contents

• Understanding Utility Easements on Your Property
  • Your Property Has A Utility Easement
  • Utility Easement and Rights To Your Property
• Who Gets Compensation For A Utility Easement?
• Related Questions
  • Are All US Airports Federal Property?
  • Can You Legally Live In A Commercial Property?

Understanding Utility Easements on Your Property

Owning property with a utility pole likely means a utility easement is in place. This grants the utility company rights to access your land and impose restrictions on its use. It’s crucial to comprehend the implications of a utility easement before purchasing such a property.

Your Property Has A Utility Easement

A utility easement is for a designated partial or part of your land that gives the utility company the right to access private property for what is known as “for the good of the community.” For example, the utility company can enter your property and trim a tree in your backyard if it interferes with utility telephone lines.

If you have a telephone on your property that you want the Utility company to move, the chances are that you have had it is known as a utility easement. You may think you have full rights to your property, but if you have a utility easement, the utility company also has some rights.

A Utility Easement is a pretty common issue that many homeowners face. That is why if you purchase a property, you should check about the utility easement and what it will mean for the property you are purchasing.

Utility Easement and Rights To Your Property

The utility company has assigned legal rights to your property when your property has a utility easement. You share your property’s legal rights with the utility company.

The range of legal rights that the utility company can have for your property include:

• Utility Company Can Access Your Property Without Your Approval – When you have a utility easement, the utility company has the right to work on your property without your approval or acknowledgment. Most utility companies will tell you when they are coming on your property, but they have the legal right to access your property without your approval.
  
• Your Property May Have Restrictions On Physical Alterations – Let’s say you want to build a garage right where there is a utility pole; the utility company can stop you from building that garage. As the utility company has an easement on your property, they can stop you from making specific changes to your property. These could be upgrades due to utility lines, installing an inground swimming pool, or erecting a fence. A utility company can stop you from doing all of those changes to your property.
  
• Your Property May Have Vegetation And Planting Restrictions – Utility companies may require regular access to a particular area or part of your property; if you want to plant a tree, they can stop you from planting it. If you have a garden and they need to access the garden, they can legally tear up your garden. A utility easement can stop you from doing everything you want on your property.

Suppose you are considering purchasing a property that has a utility easement on it. In that case, it is good to know precisely what that utility easement entails and what restrictions could be placed upon your property ownership.

There is no rule regarding what it means to have a utility easement; what is allowed and not allowed will vary from property to property. If you are unsure what the utility easement means on your property, the best thing you can do is contact your local utility company and ask them what or if there are any limitations there may be on the property due to the utility easement.

Who Gets Compensation For A Utility Easement?

If you purchase a property with a utility easement, you have no legal recourse to receive any compensation for that utility easement. You can only get compensation if the utility company approaches you and tells you they want to put a utility easement on your property. You, as the original owner, can usually negotiate compensation.

If you were ever approached about having a utility easement on your property, it is best to consider contacting a lawyer to help guide you. Depending on the situation, you may be able to negotiate and receive some amount of compensation.

However, the utility easement can become hazy because a utility easement is considered to be for the good of the community. The utility company could deem that gaining a utility easement to your property is necessary for the community’s and society’s overall interest.

The bottom line is if you purchase a property with a utility easement, you should first understand exactly what that utility easement entails.

If you now own a utility easement property and want the utility company to move a pole or do other changes. In that case, you will need to talk to the local utility company. You need to understand that you have a utility easement on your property, so they have the legal right to say no.

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Related Questions

Are All US Airports Federal Property?

Most US airports you and I will fly into are owned by the state or local governments and are run as a public utilities. Military airports would be owned and run by the Federal Government’s Department of Defense. A private company or association may run some smaller airports.

By clicking here, you can read more about Are All US Airports Federal Property?.

Can You Legally Live In A Commercial Property?

You cannot live in a property that is zoned as a commercial property. Zoning laws in places like the United States are quite strict. They usually fall under the state and also county and municipality jurisdictions. To legally live in a commercial property, add to make that property your residence; it needs also be legally zoned as residential property or what is known as a mixed zone property.

By clicking here, you can read more about Can You Legally Live In A Commercial Property?.