This form is an agreement to convey the use or benefit of a tract of land to another party for a specific limited purpose without giving the party the right to possess, take from, improve or sell the tract of land.
Easement by necessity for utilities is a legal concept that ensures access to essential public services and utilities for properties that may otherwise be landlocked or have limited access. It grants the right to use a small portion of the neighboring property for the installation, maintenance, and repair of utility infrastructure. Easements by necessity for utilities facilitate the provision of vital services such as electricity, water, gas, telecommunications, and sewer lines. They ensure that properties are not deprived of these essential utilities due to issues like physical barriers or lack of direct access to a public road. There are two primary types of easement by necessity for utilities: 1. Easement by Appurtenant: This type of easement is specifically created to benefit the dominant property, which is the property in need of utility access. The easement is attached to the land and transfers with the property when it is sold or transferred to a new owner. 2. Easement in Gross: This type of easement is not related to any specific property but instead benefits a specific utility or service provider. It grants them the right to access and maintain utility infrastructure on a particular land, even if they do not own the property. Easements by necessity for utilities are typically created through negotiation and agreement between the property owner and the utility provider. However, if an agreement cannot be reached, the utility provider may seek a court order to establish the easement legally. It is important to note that easements by necessity for utilities do not give the dominant property owner any ownership rights over the portion of the neighboring property being used. They solely provide the right of access and usage required for utility installation and maintenance. Overall, easements by necessity for utilities play a critical role in ensuring equitable access to essential public services. They are instrumental in connecting landlocked or inaccessible properties to vital utilities, thus supporting the overall development and functionality of the affected properties and surrounding communities.
