Missouri Utility Easement
Description
Understanding Utility Easements
Utility easement refers to the legal right granted by a property owner to a utility company or other entities to use a portion of the property for utility purposes. This typically involves the installation and maintenance of power lines, water pipes, or sewer systems.
Key Concepts & Definitions
- Property Law: The area of law that deals with the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions).
- Real Property: Land and any permanent structures or improvements attached to the land, including houses, buildings, and utility systems.
- Dominant Estate: The property that benefits from an easement.
- Servient Estate: The property over which the easement is placed.
- Easements Rights: The rights that the holder of the easement possess to use the servient estate.
Types of Utility Easements
- Express Easements: Created by a deed or will, clearly stating the existence of the easement.
- Implied Easements: Not written but implied by existing use, often necessary for the continued use of a property.
- By Necessity: Occurs when a property cannot be used at all without the easement.
Comparison of Easements in Common Law vs. Statutory Law
| Type | Characteristics | Common Law | Statutory Law |
|---|---|---|---|
| Express | Clearly documented | Requires deep legal scrutiny | Moderately regulated |
| Implied | Formed by action not words | Heavily scrutinized | Largely recognized |
| By Necessity | Essential for property usage | Sometimes contentious | Often easily accepted |
Best Practices for Property Owners
- Understand the terms and conditions of the easement before agreeing.
- Consult a property law attorney to navigate potential legal issues.
- Maintain clear communication with the utility company to ensure mutual respect for property boundaries and usage.
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FAQ
The owner of the land that has the benefit of the right of way (the user) also has no obligation to maintain and repair but is entitled to maintain and repair the way but if he does so, he has to do so at his own cost.
Maintenance easement means a binding agreement between the city and the person or persons holding title to a property served by a stormwater facility where the property owner promises to maintain certain stormwater facilities; grants the city the right to enter the subject property to inspect and make certain repairs,
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).
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).
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
SCHORR LAW'S REAL ESTATE BLOG One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
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.
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.
When one of the owners of either the dominant estate which an easement benefits or the servient estate over which the easement runs becomes the owner of both properties, then there is a unity of the two titles, and since an owner does not need an easement over the owner's own property, according to Florida law, the