Alabama Power Line Easement Without Permit

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

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.

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 power company will give some service lines for freefor instance, from the road to a site 100 feet away. But when you move beyond with many more poles and many more feet of wire required, then the cost can be $25 to $50 per foot.

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.

Alabama law requires you to be a MINIMUM of ten feet away from overhead power lines.

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The utility company abandons the easement with no intention of coming back. The defendants hold an irrevocable license for the use of the water line.Frequently Asked Questions. Crosses "private" land without a proper easement, then the owner of the "private" land has the right to cut off the utility line. d.

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Alabama Power Line Easement Without Permit