Hawaii Utility Facilities Easement
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How to fill out Utility Facilities Easement?
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FAQ
If the easement is a prescriptive easement, you can nullify it by creating a written or formal contract with the individual utilizing your property. In the contract, you can allow them the use of your property only under express circumstances, and nothing more.
A presumed easement, or an easement by prescription, can be created based on physical use of property over time. A party claiming a prescriptive easement must provide evidence possession that is open, uninterrupted, continuous, exclusive, and adverse for a period of 20 years.
An easement gives one party the right to use the property of another party for a specific purpose. This is known as an affirmative easement.
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).
Utility easements are strips of land used by utility companies or village municipalities to construct and maintain electric, telephone and cable television lines, water, and sewer services. Who owns the utility easement? The property owner owns all of the land including the utility easements.
Access easements shall be a minimum width of 30 feet or as approved by the City.
Easements shall not exceed fifty (50) feet in width unless required by special circumstances.