Alabama Power Line Easement Form

State:
Alabama
Control #:
AL-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This sample Right of Way Easement grants the holder the right of construction, operation, and maintenance of electrical utility lines on the land of another. This easement must be signed and properly acknowledged before a notary public.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

In Alabama, easements do not have to be acquired by express conveyance; they can also be implied or acquired through necessity, as opposed to a formal recorded instrument 3. Therefore, it is essential to research the property's history for any unwritten easements prior to purchasing land 4.

Trees near power lines need to be trimmed by either yourself or your utility company to about a 15-foot minimum distance. If the tree is on your property then it's your responsibility to have it trimmed. If it is on or partially on public land it's up to the power company.

Trimming trees and vegetation around the utility's power line that connects a person's home to the utility pole is generally viewed as being the responsibility of the homeowner. This power line is called the service drop.

The state of Alabama has a law that says you can't land lock your neighbor. That is, deny them physical access. But this does not mean they have to give you a written easement, and it does not mean they have to let you string power lines or run water lines across their property.

ALABAMA POWER COMPANY CONSIDERS AN ENCROACHMENT AS ANYTHING ON THE RIGHTS OF WAY (R.O.W) THAT IS NOT SPECIFIED WITHIN THE R.O.W DOCUMENT. HOWEVER, SOME ENCROACHMENTS ARE ACCEPTABLE AND DO NOT IMPEDE THE R.O.W. USE, WHILE OTHERS ARE DISCOURAGED OR NOT ALLOWED AT ALL.

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Alabama Power Line Easement Form