Idaho Easement for Utilities

State:
Idaho
Control #:
ID-ED1000
Format:
Word; 
Rich Text
Instant download

Description

Easement for Utilities: An Easement for Utilities allows a Grantor the right to grant to a Grantee the ability to use his/her land to acquire utlities. However, the form clearly states that the land is still the Grantor's and will be left to his/her heirs. This form is available in both Word and Rich Text formats.


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.


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FAQ

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).

Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.

An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.

An appurtenant easement is an easement that runs with the land meaning it is meant to be binding on successive owners of the dominant and servient tenements.In contrast, an easement in gross is a personal easement that necessarily does not run with the land.

Summary. An easement in gross is a right allowing an individual or an entity to use someone else's land/property. An easement in gross agreement benefits the property owner as an individual, not the property. An easement holder will be unable to transfer the benefits to another party.

Express Grant by Instrument. An express grant by written instrument is the most common source of an easement. Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. Necessity. Dedication.

The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.

Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.

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Idaho Easement for Utilities