What Is a Utility Easement?
- Written By: S.E. Smith
- Edited By: O. Wallace
- Last Modified Date: 24 January 2013
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Copyright Protected:
2003-2013 Conjecture Corporation
A utility easement is an easement which gives a utility the right to use and access a specific area of a property. The area covered by the easement is usually clearly defined in the text of the easement, and the easement is attached to the property deed so that it will persist even when the property is transferred or sold. People who are researching the purchase of new property should definitely take the time to have the title researched to learn more about any outstanding easements and other things which may restrict the use and enjoyment of the property.
Utilities can request an easement for any number of reasons. A classic example of a utility easement is an easement which allows the power company to run electrical lines along a property, and to install utility poles if the property is long enough that the lines cannot pass over the property without support. The utility has the right to utilize a strip of land for the lines, and to enter the land to access the lines for maintenance and repair, which can include tree trimming, replacing rotted utility poles, and so forth.
Other utilities such as water and sewer companies, gas companies, and phone companies may request utility easements. For the utility, crossing land is often easier and cheaper than going around it, and if an easement deal can be worked out, it will save the utility money in the future. In other cases, a utility needs to cross private property to bring services to someone else, as for example when a lot is split in two and the back house needs access to water, power, gas, and so forth. Without an easement, the utility would not be able to guarantee provision of services.
When property is split or lot lines are readjusted, utilities may take an interest because the change may require a utility easement to address concerns about accessibility to utilities. Likewise, when land is being newly developed, easements may be put in place to accommodate the need for roads, utilities, drainage, and so forth.
Having an easement gives the utility the right to use the land, but the utility does not own it. However, the property owner may encounter certain restrictions on land use in an area covered by a utility easement. For example, if a power company has a utility easement, the property owner cannot plant tall trees in the area of the easement, because they could interfere with the power lines. Likewise, a swimming pool could not be dug out where there is a buried gas line.
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anon315633
Post 13 |
I purchased a piece of property from the back tax sale back in 2001, and now I am ready to build a house or church on it. I found out that, because of the utility easement, I do not have enough space left to build anything on it. I have had several meetings with the zoning committee in my city to try to find out what I could put on the property or how I could use the land. What they are telling me is the land is useless. The only thing I can do is to continue to pay the property taxes. I also tried to sell it back to the city, but they did not want it. Is there anything I can do about this problem? Please help. |
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anon312920
Post 12 |
I have a Bell Canada easement in my back yard, directly in the center at the rear of the yard. I noticed today that there is another huge pole lying across my backyard, to signify they are going to be replacing the existing one. I called and requested that it be moved into a corner of the yard. Can I legally demand them to do so? I am not a Bell customer, and I don't mind it being on my property, but I do not want it being the focal point of my yard either. Help. |
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anon292784
Post 11 |
The phone company technician told us to trim the tree around the telephone pole. Otherwise, they will trim the tree and send us the bill. Can the phone company do so? The Easement law allows the phone company to enter the land to access the lines for maintenance and repair, which can include tree trimming, and so forth. We have owned this private property for 25 years. This is the first time we got this unreasonable verbal threat. Can they do so, and what shall we do? |
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anon290554
Post 10 |
We bought property, built a house, and signed an easement to put power on the property. The power company is wanting to put poles on my property for a fan for a coal mine down the road. Does the easement I signed for my residential power give them the right to put the poles in even if I don't want them to? It will take out my trees that block my property. |
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anon288230
Post 9 |
I have a private property and the easement has been covered with sand (Act of God). The other owner has a private property in front of my property and there is no way into my property. They do not want to allow any other access for me to my back lot property. Is there any law covering this?
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anon272546
Post 8 |
I have sewer lines running though my back yard and they are replacing the main lines. After they are done, it's my property to do with as I please, right? For instance plant trees back and so forth. |
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anon257245
Post 7 |
In a prescriptive easement, can the land owner stop a power company from going from a single phase to a three-phase? (Which means more ugly lines) I'm creating an off-the-grid homestead and the lines will be going over my driveway and gardens, and I feel this will devalue my property. Help. They're coming soon. |
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anon255948
Post 5 |
How far away does a fence have to be from a utility pole that is very close to the property line? |
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anon253796
Post 4 |
I lease a lot in a mobile home park, and the utility company has a transformer on my leased lot within 15 feet of my bedroom. I was told 10 years ago and two years ago it would be moved. The community also has said they would move other park components from my leased lot. I have had no response from anyone. There is no easement. Do I have a claim for "loss of use" of my back yard and is the transformer in code violation (Palm Beach County) for being too close to my dwelling? |
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anon248906
Post 3 |
Can someone make you move the drains to build on it? For example, move the drains from the back to the front of the house for an extension? |
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anon229917
Post 2 |
No, you cannot place a swing set on an easement. We're being forced to move our kid's swing set, storage building and dog pen. |
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anon169734
Post 1 |
Can a big swing set put on the easement? |
