Easement For Water
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FAQ
Yes, you can build on a property easement, even a utility easement.
The dominant land is the land owned by the owner of the right the farmhouse in our above example. The easement is described as appurtenant to the dominant land. The servient land is the land which bears the burden of the easement, and in our example would be the fields running down to the road.
An easement is a means by which a landowner grants another person the right to use the landowner's property for a specific purpose. The land on which the easement is granted is referred to as the servient estate, and the land the easement benefits is referred to as the dominant estate.
If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).
Utility Easements and Homeowners Every utility company, such as Florida Power & Light, are given legal easements on the land over or under which their lines run. They are only allowed to use the property to gain access to their equipment, such as powerlines or electrical poles or towers.
