Maine Utility Easement

State:
Maine
Control #:
ME-LR058T
Format:
Word; 
Rich Text
Instant download

Definition and meaning

A Maine Utility Easement is a legal document that grants a utility company the right to use a portion of a property for utility purposes. This typically includes the installation, operation, and maintenance of utility lines such as electricity, water, and gas. The easement allows for the construction of necessary infrastructure on the property while ensuring that the property owner retains ownership of the land.

Who should use this form

This form is designed for property owners in Maine who wish to grant utility companies the rights necessary to install and maintain utility services on their land. It is particularly relevant for those whose properties are adjacent to existing utility lines or those seeking to establish new lines. Users might include individual homeowners, businesses, and land developers.

Key components of the form

The Maine Utility Easement form includes several essential components:

  • Grantors: The individuals or entities who own the property.
  • Grantees: The utility company receiving the easement rights.
  • Description of the property: A detailed legal description of the land affected by the easement.
  • Scope of use: Specific rights granted to the utility company, including maintenance and operation of infrastructure.
  • Restrictions: Limitations placed on the property owners regarding structures and land use adjacent to the easement.

How to complete a form

To complete the Maine Utility Easement form, follow these steps:

  1. Enter the names of the grantors and the grantee.
  2. Provide the legal description of the property and its location.
  3. Specify the rights being granted to the utility company, including the type of utility service involved.
  4. Include any restrictions on land use that the property owner agrees to.
  5. Sign and date the document in the presence of a notary public.

What to expect during notarization or witnessing

During the notarization of the Maine Utility Easement, you can expect the following:

  • The notary will verify the identities of the grantors.
  • All parties will sign the document in the notary's presence.
  • The notary will complete their part by providing their signature and seal, confirming the authenticity of the document.

It is important to ensure that all details are accurate before this process.

Common mistakes to avoid when using this form

When completing the Maine Utility Easement form, be mindful of these common errors:

  • Incomplete legal descriptions: Ensure the property description is fully detailed.
  • Missing signatures: All grantors must sign in the presence of the notary.
  • Confusing the roles: Clearly define who the grantors and grantee are to avoid ambiguity.
  • Overlooking restrictions: Double-check any restrictions to ensure compliance with the easement terms.
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FAQ

1. Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered. For example, a public utility line easement would be an easement in gross and would be recorded in the public records.

So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.

An easement can decrease the value of a real estate, increase the value of the real estate or it can have no impact on the value of the real estate at all. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances.

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

An easement held by an electricity provider allows it to erect and maintain electric power equipment on your land. The easement gives the electric power company the right to use a property for this specific purpose only.

The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.

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Maine Utility Easement