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If you want to extinguish or amend an existing Council easement, you will need to complete an 'Easement - Extinguish or amend existing Council easement' application online via MBRC Online services, and where required, create new Council easements over the land for public utility purposes.
It is the homeowner's responsibility to repair and maintain the service lines on their property. It is wise to use the same caution in building over these private lines as you would for the public utilities. It is the responsibility of the homeowner to maintain easements in ance with City Code.
The public right of way is property dedicated to the city for public infrastructure like roadways, storm sewers, sidewalks and streetlights. The state also allows utility providers to use the public right of way for their facilities.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
An easement grants to the holder a right to use land owned by another. Easements that grant usage rights are affirmative easements, while easements that restrict the use of one's own property are negative easements. Easements also differ in the way they are created and in how they are passed.
Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.