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.
District of Columbia Easement for Utilities
State:
Multi-State
Control #:
US-00500
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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.
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FAQ
Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.
Implied grants are also known as easements of necessity. A common situation in which implied grants come about is that where a parcel of land (for example, an agricultural field) adjoining another is sold, and the only way to access the land that the seller retains is from the part sold.
Right-of-Way Permits in Washington, D.C The public property captures all the property between the property lines on a street, including but not limited to: alleys, sidewalks, tree spaces, and roadways. Closely associated with the right-of-way requirements is right-of-way work.
UTILITY EASEMENT The current requirement for 10?foot?wide public utility easements (PUE) on both sides of all streets has been reduced to a single PUE for all roads (public or private).
What does an easement require the property owner to do? Under District law, the owner of a property protected by an easement registered with the District must obtain written consent from the easement holder before a subdivision or permit for work on the property can be issued.
The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court.
If the land is unregistered, the implied easement/profit a prendre is enforceable automatically against any successors in title of the servient land. If the land is registered, the easement/profit a prendre is an overriding interest.
An easement can only be implied where both the dominant and servient tenements have been in common ownership. An implied easement can arise on the grant of a lease, but it is limited to the actual continuance of the lease. The right claimed must be capable of forming the subject matter of an easement.
