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.
Missouri General Easement for Utilities
State:
Multi-State
Control #:
US-EAS-34
Format:
Word;
Rich Text
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FAQ
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.
Easements are a right to use someone else's land for a specific purpose. Tennessee easements can be created in a few different ways, but the most common is through an express grant, reservation, prescription, estoppel, eminent domain, or implication. Easements also come in two types: appurtenant and in gross.
Tennessee utility easement laws don't open the utility companies to use the property in any way they like. However, they can stipulate how the area in which they work can be developed. For instance, a property might have restrictions as to where trees can be planted to avoid damaging the utility line.
Gates or fencing that restricts access to the subservient land may not be erected. In counties with a metropolitan form of government, the maximum permissible width for an easement or right-of-way is fifteen feet (15').
A utility easement gives a utility the right to use and access a specific area of a property without owning the parcel. As with any contract, though, there are legal factors to consider, and landowners are encouraged to consult an attorney before agreeing to a utility easement.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community.
Often, easements are created in Texas to give a person or corporation a right of access across a piece of land. For example, an Austin homeowner may give an easement to Austin Energy granting access to utility lines on the property. Easements can be private or public.
Generally, the duty to maintain an easement rests with the owner of the dominant estate.