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Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
An easement by necessity arises when one party is required to use another person's property. For example, when a person is required to use a neighbor's driveway to access his home, it's considered an easement by necessity.
A municipal water company may have an easement to access the private property and place pipes running through the property in order to best serve the utility needs of the community. The property owner remains the title owner, but the utility company's easement will also be listed in the property paperwork.
Appurtenant easements require two different estates (or tenements) for their existence?a dominant estate and a servient estate. The owner of the dominant tenement has the right or privilege to use an easement across the land of the servient tenement. The servient tenement is burdened by the easement.