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Our transmission facilities are typically located within our utility easement, called a right of way. This is an area of land on property we don't own but have been granted the right to use for installing, repairing, operating and maintaining transmission lines.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
Easements will continue indefinitely unless terminated by by an express agreement, abandonment, merger, or a lack of necessity.
Unity of Ownership or Merger. A valid release. Abandonment. Termination by estoppel. Termination by prescription. End of necessity.
An easement by prescription may be extinguished if the owner of the property burdened by the easement obtains, takes, or regains control and possession of the property over which the easement runs for a minimum of fifteen years.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
Once a prescriptive easement is established, it creates a legal right to use the property for a specific purpose. This means that the owner of the property cannot interfere with the use of the easement, even if they did not originally grant permission for the use.