This form is used when Grantee has granted an Easement and Right of Way to Grantee, its successors and assigns, for an easement and right of way for overhead and underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits, and all necessary or desirable appurtenances.
Indiana Easement and Right of Way For Electrical and Communication Lines and Facilities
State:
Multi-State
Control #:
US-OG-654
Format:
Word;
Rich Text
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FAQ
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
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.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
Utility easements in Indiana are recognized by two sources of authority: the Indiana Code and the common law in Indiana. Indiana Code article 32-23 describes four types of easements: Easements by prescription, which are created through 20 years of continuous use (but not to be confused with adverse possession);
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
