Connecticut Utility Facilities Easement
Description
How to fill out Utility Facilities Easement?
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FAQ
An easement is an interest in land owned by another, which entitles the holder with a specific use of the property. An easement is typically a permanent encumbrance and transfers to subsequent owners. We use these rights of way or corridors to operate and maintain a safe and reliable system.
Homeowners usually have overhead or underground powerlines that run through their property. In such cases, it usually means the utility company has an easement over the property.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
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.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
To establish adverse possession in Connecticut, several elements must be met. The person claiming adverse possession must show that their use of the land has been open, notorious, continuous, exclusive, adverse, and under a claim of right for a minimum of 15 years.
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.