The Grant of Easement for Utilities is a legal document that allows one party to use a portion of another party's property for utility purposes. This easement specifically allows for the installation and maintenance of public and private utility lines, such as water, sewer, electricity, and telecommunications. Unlike other forms, this easement focuses uniquely on utility access rather than general property use, providing clear legal rights pertaining to utilities without transferring property ownership.
This form is designed to be applicable across various states in the U.S. It is important to check local regulations regarding utility easements, as specific legal requirements may vary by jurisdiction.
This form should be used when a utility company needs access to install or maintain utility lines on private property. Common scenarios include when a homeowner allows a utility to run lines for electricity or water across their land or when construction requires a temporary easement for access and repair. Using this form protects both the property owner and the utility, ensuring clear terms and responsibilities.
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.
Utility easements are one of the most common types of easements for private property, which generally allow public utility companies access to the property for the purpose of installing, repairing and maintaining utility lines.
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).
Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.
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).
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).
An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.
Express 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.