Kansas General Easement for Utilities

State:
Multi-State
Control #:
US-EAS-34
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Word; 
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Description

A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

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

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.

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

The state also allows utility providers to use the public right of way for their facilities. Utility easements are areas of a property dedicated for utility companies to deliver services such as electricity, gas, water, sanitary sewer, telephone, internet and cable.

Easement, aerial means an easement for the exclusive use of constructing and maintaining above-ground utilities within its confines.

8-1526. Right-of-way; approaching or entering intersection. (a) When two (2) vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

Easement Deed for Real Estate Located in Kansas The specific instrument that creates such right is the easement deed. An easement deed in Kansas can be created for a variety of purposes: rights of way, access points, solar easements, and so on. Easements can be created by deed, by necessity, or by order of law.

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Kansas General Easement for Utilities