Nebraska Utility Easement (Electric Lines and Appurtenances)
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FAQ
An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.
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.
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.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
An easement can be acquired by prescription, or adverse possession, such as by the continuous use of a road across another's property, under a claim of right, for a period of more than ten (10) years (under Nebraska law). Such use may ripen into a prescriptive easement that gives the holder continued use of the road.
Property or homeowners may not obstruct the public's fair access to non-privately owned areas under the terms of a public easement. Utility Easement gives utility companies the right to access private property for the good of the community.
An easement by necessity is an easement that is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway.
There are two types of implied easements: (1) those that arise as an element of necessity or (2) those that arise from what has been said or done by the parties to the transaction. Hillary Corp. v. United States Cold Storage, 250 Neb.
