New Hampshire Easement and Right of Way (For Electrical Transmission Lines — Short Form): Explained In the state of New Hampshire, an easement and right of way are crucial legal concepts that allow electrical transmission lines to be installed and maintained across private properties. These arrangements grant utility companies the legal authority to utilize a specific portion of a property for the purpose of constructing, operating, and maintaining electrical transmission lines. This brief article aims to provide a detailed description of the New Hampshire easement and right of way for electrical transmission lines, highlighting their significance and potential types. Keywords: New Hampshire, easement, right of way, electrical transmission lines, private properties, utility companies, legal authority. Easement and Right of Way for Electrical Transmission Lines: Key Importance — When it comes to the efficient delivery of electricity across a region, electrical transmission lines play a fundamental role. In order to connect power generating stations, substations, and local distribution systems, utility companies require access to private properties. This is where easements and rights of way come into play. By obtaining an easement or right of way, utility companies gain legally documented access to the necessary portion(s) of private land to install, operate, and maintain electrical transmission lines. Types of New Hampshire Easements and Rights of Way for Electrical Transmission Lines — 1. Permanent Easement: A permanent easement grants a utility company the unlimited right to access, construct, operate, and maintain transmission lines on a specific area of a property indefinitely. This type of easement usually involves compensation to the property owner. 2. Temporary Easement: A temporary easement allows a utility company to access, construct, operate, and maintain transmission lines on a portion of a property for a specified period. This type of easement is often used during construction or maintenance activities and typically includes compensation to the property owner. 3. Right of Way: A right of way is an agreement that grants a utility company the non-exclusive right to access, construct, operate, and maintain transmission lines across a property. Unlike easements, rights of way do not provide exclusive use of a specific portion of land. Multiple utility companies may be granted rights of way on the same property. The Process of Obtaining an Easement or Right of Way — To obtain an easement or right of way for electrical transmission lines in New Hampshire, utility companies need to follow a specific process: 1. Planning and Design: Utility companies assess the need for a new transmission line, identifying potential routes and required access points across private properties. 2. Negotiation: Once a suitable route is determined, the utility company initiates negotiations with property owners to secure the necessary easements or rights of way. Property owners have the right to negotiate terms and conditions, including compensation for the easement or right of way use. 3. Documentation: Once an agreement is reached, legal documentation in the form of easement or right of way contracts is prepared. These contracts outline the specific terms, boundaries, restrictions, and compensation, if applicable. 4. Easement Registration: The finalized easement or right of way contracts are recorded at the county registry of deeds, ensuring their official recognition and enforceability. Maintaining and Terminating Easements and Rights of Way — Easements and rights of way require regular maintenance, which is the responsibility of the utility company. Property owners retain ownership of the land and are typically allowed to continue using it for non-interfering purposes. Easements and rights of way can be terminated by mutual consent, abandonment, expiration of the agreed time period, or violation of contractual terms. In conclusion, the New Hampshire easement and right of way for electrical transmission lines play a vital role in facilitating the installation and maintenance of transmission infrastructure across private properties. Understanding the different types of easements and rights of way can help property owners and utility companies navigate the negotiation and establishment process more effectively.
New Hampshire Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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With a property easement, the servient tenement has a duty of care to make their land available for the dominant tenement's particular use or purpose. The servient tenement must not use their land in any way that will make it more difficult or costly for the dominant tenement to benefit from the easement.
Often, they are recorded in the Registry of Deeds. This type of easement allows one lot to drain storm water onto or through another property or into a common detention pond. Drainage easements can be public or private.
Eversource has acquired all electric utility pole interests previously owned by Consolidated Communications (CCI) in New Hampshire, as approved by the New Hampshire Public Utilities Commission.
The duty to care for an easement belongs to the owner of the dominant estate.
Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.
An easement deed should be signed and acknowledged by the grantor. A real estate deed that is required to be recorded in order to provide constructive notice must have a certificate of acknowledgment or proof of execution endorsed on the deed or attached to it. The certificate is recorded with the deed (183-29).
Into the Forest Getting the best pole starts in the woods. Poles are typically made from three species: Douglas Fir, Western Red Cedar and Southern Pine. Logs that have the potential to become wood poles are selected in the forest, often while the trees are still standing.
In most cases the utility pole is owned by the utility property. But also in most cases the property that you may think is your property is actually not your property.
As North America's leading supplier of wood utility poles, Stella-Jones provides over one million poles per year to replace, upgrade and develop new electrical utility and telecommunications lines across Canada and the United States.
Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.