Indiana Amendment to Easement (Powerline Easement)
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FAQ
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);
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.
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.
Rights of way are generally negative in character. If there is a right of way over your land you must not block or otherwise obstruct it but generally you are not obliged to take positive steps to keep the surface in good repair. The neighbour who has the right of way can repair the surface but does not have to.
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.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
A right of way is an ?easement?. Sorry for the technical jargon, but that's what it is. If your neighbour is blocking a right of way that you benefit from you may very well have a case against them for interfering with an easement. If the interference is substantial you can have them stop.
Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
An easement gives a landowner the right to make use of another nearby piece of land for the benefit of his own land. When you buy a piece of land or property, you need to consider the rights the owner of the rest of the land or property may have over your part or the rights you may have over his part.
Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.