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An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.
Utility easements are one of the most common types of easements for private property, which generally allow public utility companies access to the property for the purpose of installing, repairing and maintaining utility lines.
A utility easement allows power, gas, water, sewer, drainage, telephone, cable utilities the right to use an owner's property for specific purposes such as to construct, repair, maintain, operate, and manage utility facilities. The property owner owns the land upon which the easement is located.
Because the Company could choose to pursue enforcement of its interpretation of the deeds at any time, and because a larger easement width could impact the landowner's property usage, it was ripe for decision. The easements are limited to 30 feet.
In order to prove an easement by necessity to cross another's property, the party seeking the easement must prove: (1) unity of ownership of the alleged dominant and servient estates prior to severance (in other words, the landlocked property and tract across which access is sought must have, at one time, been owned by