Hawaii Utility Easement

State:
Multi-State
Control #:
US-EAS-28
Format:
Word; 
Rich Text
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Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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.

Hawaii Utility Easements play a crucial role in the management and distribution of essential utilities across the state. These easements grant specific rights to utility companies, local municipalities, or authorized entities to construct, operate, repair, maintain, and inspect utility infrastructure on privately owned properties. Easements are legally binding agreements between the property owner and the utility company, ensuring the consistent provision of electricity, water, sewage, gas, telecommunications, and other utilities necessary for a well-functioning community. Within Hawaii, there are several types of Utility Easements, each serving different purposes: 1. Electric Utility Easements: These easements are meant to facilitate the installation and maintenance of electric power transmission lines, power stations, transformers, and associated equipment. Electric utility companies obtain the right to access designated areas on private properties to ensure uninterrupted power supply and address any repairs or upgrades required. 2. Water Utility Easements: Water utility easements allow authorized personnel to lay pipes, construct treatment facilities, maintain water infrastructure, and access water sources located on private lands. These easements are crucial to ensure proper water distribution, quality control, and regular inspections to meet public health and safety standards. 3. Sewer Utility Easements: Sewer utility easements grant rights to construct and maintain sewer lines, septic tanks, wastewater treatment plants, and related equipment. Access to these easements allows for regular maintenance, repair, and monitoring of sewage systems, ensuring the proper disposal of wastewater and preventing environmental hazards. 4. Gas Utility Easements: Gas utility easements enable gas companies to install and maintain pipelines for the distribution of natural gas. These easements may cover both transmission lines and service lines, ensuring a safe and reliable supply of gas to residential, commercial, and industrial consumers. 5. Telecommunications Utility Easements: With the growing reliance on telecommunications, these easements grant telecommunication service providers the necessary rights to install and maintain equipment such as telephone poles, fiber optic cables, and communication towers. Telecommunications utility easements help in improving connectivity, expanding network coverage, and upgrading infrastructure to meet the increasing demand for reliable communication services. In summary, Hawaii Utility Easements allow various utility companies and authorized entities to access private properties for constructing, maintaining, and operating essential utility infrastructure. The different types of utility easements encompass electric power, water supply, sewage systems, natural gas distribution, and telecommunications. These easements aim to ensure uninterrupted utility services, promote public welfare, and contribute to the overall development and well-being of Hawaii's residents and businesses.

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FAQ

In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person's or entity's land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer.

You may be able to terminate an easement by creating a deed and extinguishing it. The dominant owner may decide to transfer the easement through deed to a servient owner. If the easement and servient land are owned by the same person, they can merge the two and terminate the easement.

The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.

Rights exercised over a piece of land or property for the benefit of another (also known as easements) exist in a variety of forms. An easement could, for example take the form of: a right of way exercised on foot or in a vehicle. a right for drainage pipes or other service media to pass over or under land.

If it's private, a buyer should try to determine how many lots have the right to use the access easement. An easement is a non-possessory interest in another's land that allows the easement holder the right of use on property he/she does not own. The most common types of easements are for utility, view, and access.

Adverse Possession Claim In Hawaii, following 20 years of continuous possession, a squatter can claim ownership of the land. This, of course, would mean that the idea of prosecuting the person as a criminal trespasser goes out the window.

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.

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.

An easement is defined as ?a legal interest in real property that grants the right to use in some specified manner the property of another.? Easements, also called rights of way, give Alabama Power Company the right to use another landowner's property to construct, operate, and maintain transmission facilities such as ...

Easements shall not exceed fifty (50) feet in width unless required by special circumstances.

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Mar 8, 2022 — When purchasing property in Hawaii, a buyer's due diligence should include carefully reviewing the title report to determine if the subject ... Aug 22, 2014 — Access by easement should always be noted in the title report. A notation of “together with” along with a “subject to” noted on the encumbered ...Dec 9, 2018 — Prescriptive Easements - The requirements to prove a prescriptive easement under Hawaii law are the same for proving adverse possession. A ... It is simple to obtain or printing the Hawaii Easement for Utilities from your assistance. If you currently have a US Legal Forms account, you may log in and ... When you are already a US Legal Forms buyer, log in to the accounts and click the Download option to obtain the Hawaii Easement or Right of Way for Access to ... Section 19-170-161 - Public utility easements. Where only the designation of easements for the construction, installation or maintenance of cables, lines, ... Utility Easements; ... Prescriptive Easements - The requirements to prove a prescriptive easement under Hawaii law are the same for proving adverse possession. Jun 13, 2014 — easement or other agreement necessary to carry out the intent of the Board in completing this acquisition, including but not limited to the ... May 13, 2016 — The subject request includes the issuance of a new easement to cover the same power lines upon the expiration of the previous easement in 2009. Fill in the blank form formatted to comply with all recording and content requirements. Included document last reviewed/updated 11/8/2023. Easement Deed Guide.

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Hawaii Utility Easement