A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.
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 General Easement for Utilities
State:
Multi-State
Control #:
US-EAS-34
Format:
Word;
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FAQ
What is Washington, DC? Washington, DC, isn't a state; it's a district. DC stands for District of Columbia. Its creation comes directly from the US Constitution, which provides that the district, "not exceeding 10 Miles square," would "become the Seat of the Government of the United States."
The party with the easement rights to use the land is responsible for safety and maintenance, including any accidents.
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.
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.
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.
The holders of an interest in an easement must maintain the easement. Nothing prohibits holders from making agreements as to the allocation of maintenance and costs, including agreements that allocate the obligations to fewer than all holders. How costs are shared if there is an agreement.
Easements are usually permanent unless terminated by one of the ways recognized under Washington law. For example, an easement can be terminated if the property owner benefiting from the easement signs a written document stating that the easement is terminated.
Generally, the owner of any easement has a duty to maintain the easement.