Alabama Easement for Utilities

State:
Multi-State
Control #:
US-00500
Format:
Word; 
Rich Text
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Description

This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.


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

California Civil Code § 845 lays out the responsibility of private road maintenance, including snow removal.

The Property Owner continues to own the land and has only given up defined rights on the portion of land used for the easement. Maintenance of the property within the easement is the responsibility of the Property Owner.

Ownership and Responsibility: The owner of the easement is responsible for its maintenance, not the owner of the land over which the easement runs (known as the servient tenement).

U.S. laws do not always make sense and nor are they always fair. Case in point: prescriptive easements. Easement by prescription, or adverse possession, refers to the legal concept that allows one to obtain ownership of a property despite the fact that another person or entity may already own it.

Utility easement example If you disregard the easement area and build anyway, the utility company can remove the structure if it prevents them from accessing their equipment. The size of an easement area can vary, but many utility easements are between 10 ? 30 feet wide and in some cases, even more.

Easements essentially allow people in Louisiana and across the nation to step onto private property. However, utility companies are not the only type of entities that may use an easement.

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Alabama Easement for Utilities