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.
California Easement for Utilities
State:
Multi-State
Control #:
US-00500
Format:
Word;
Rich Text
Instant download
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.
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FAQ
Hear this out loud PauseNegligent maintenance is another issue. The servient estate owner is typically responsible for maintaining the easement, and when this duty is neglected, it can result in disputes.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
Hear this out loud PauseExtinguishing Methods: There are several legal methods to extinguish an easement, including release, merger, destruction, abandonment, and adverse use.
To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years. The open element requires the easement user to engage with the land in an open way, which can usually be ascertained by whether it appears the user is doing so in secret.
Hear this out loud PauseIn California, a continuous period of five years is typically required. For instance, consistently using a driveway on someone else's property as the primary access point to your own home would demonstrate continuous and uninterrupted use.
Hear this out loud PauseYou'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
In the contract, you can allow them the use of your property only under express circumstances, and nothing more. Unfortunately, if you want to nullify a utility easement, a private easement, or an easement by necessity, you will have much more difficulty, even if there are no prior easements in your title or deed.
Express Easement The easement must identify a specific purpose for which the easement rights will be invoked. Public access roads and utility easements are the most common types of express easements in which rights are granted to an entity such as a utility company or municipality and their employees.