Indiana Easement and Right of Way with Option (for Pipelines)
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FAQ
In order to be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their ?actual, hostile, open, notorious, continuous, uninterrupted adverse use? of the servient estate for a period of twenty years under some claim of right.
Utility coordination involves identification and possible relocation of existing facilities that may be in conflict with proposed highway and bridge projects.
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.
Indiana easement laws are derived from a combination of common law and statutory authority. Easement theories are complex and heavily dependent upon specific facts. Therefore, a landowner's rights are often initially unclear and require an intensive investigation into an easement's creation and intended purpose.
INDOT reserves the right to allow the construction of a bridge or tunnel to facilitate the placement of one or more utility facilities. The utility is responsible for and will pay the cost for design, construction, maintenance and any other costs associated with these structures.
Indiana. Prohibits utilities from disconnecting residential natural gas or electric service for nonpayment from December 1 to March 15 if the customer qualifies and applies for public assistance, whether or not the customer receives the benefit.