Maine Easement and Right of Way (For Electrical and Communication Lines and Facilities) — Overview and Types In the state of Maine, easements and right of way play a vital role in granting access and permissions for the construction, maintenance, and operation of electrical and communication lines and facilities. These legal concepts ensure that utilities can efficiently serve the public by providing reliable electricity and communication services across the state. 1. Electric Easements and Right of Way: Electric easements and right of way refer to the legal agreements that grant utility companies the authority to install, operate, and maintain overhead or underground electric power lines, transformers, substations, and associated facilities. These easements outline the specific land areas where these installations can be placed and provide a clear understanding of the rights and responsibilities of both the utility company and property owners. 2. Communication Easements and Right of Way: Communication easements and right of way pertain to the legal agreements that allow telecommunications companies to establish and maintain their infrastructure, including telephone lines, fiber optic cables, cell towers, or radio transmission facilities. These easements ensure that service providers can deliver crucial communication services while minimizing disruptions and providing compensation to landowners affected by the installations. Different Types of Maine Easements and Right of Way: a. Permanent Easements: These easements grant permanent access rights to utilities and are typically acquired through negotiations, purchase, or eminent domain proceedings. Permanent easements provide long-term access to the utility companies, enabling regular maintenance, repairs, and upgrades to infrastructure. b. Temporary Easements: Temporary easements are granted for limited periods, allowing utilities brief access to specific areas for construction, repairs, or maintenance purposes. Once the work is completed, the temporary easements expire, and the land reverts to its previous use. c. Prescriptive Easements: Prescriptive easements arise when utilities have used an area of land openly and continuously for a legally prescribed period without the owner's permission. These easements can be established when the utilities can prove that they have satisfied the requirements of adverse possession, such as uninterrupted use for a specific number of years. d. Right of Way for Public Roads and Highways: Along with easements for utilities, right of way is also established for public roads and highways. These rights provide access to construct and maintain transportation infrastructure necessary for public use. It is crucial for landowners to understand the implications of these easements and right of way in Maine. While these legal arrangements facilitate the efficient provision of essential services, property owners are entitled to just compensation, adherence to safety standards, and responsible maintenance of the installations. If you are a landowner in Maine and have concerns or questions about easements and right of way related to electrical and communication lines and facilities, consult an experienced real estate attorney or contact your local utility company for specific information related to your property.
Maine Easement and Right of Way (For Electrical and Communication Lines and Faciliites)
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FAQ
An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.
ofway easement grants the holder only the rights as stated in the express easement or granted by court order. Typically the right is simply to cross over the land of another. The easement holder does not have the right to change the nature or location of the rightofway.
Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.
An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership. An easement appurtenant, on the other hand, is a permanent encumbrance (legal right) to the property.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
So, where the neighbors will not give permission, the law will allow the landlocked owner to bring a suit to obtain an easement by necessity - the right to cross the land for purposes of accessing the property (this doesn't include any other rights to use the land).
Which of these must exist for an appurtenant easement to exist... Two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity, long time unauthorized usage would lead to an easement by prescription.
Maine Adverse Possession Laws As mentioned, squatters can try to take legal ownership of a property if they have lived there for a long period. Unlike other states, Maine requires proof of at least 20 years of continuous occupancy to legitimately claim adverse possession.