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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.
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.
Easements shall not exceed fifty (50) feet in width unless required by special circumstances.
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.
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 in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.
For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. There are other types of easements, such as private easements, easements by necessity and prescriptive easements. Utility easements, though, are fairly common.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.