Alabama Power Line Easement With Easement
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FAQ
Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
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.
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.
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.