New Jersey 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.
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).
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.
Hear this out loud PauseAn 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.
Hear this out loud PauseIn California, a user of land may establish a prescriptive easement by proving that his or her use of another's land was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile. The first two requirements are relatively straightforward.
Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs.
Hear this out loud PauseFor an easement appurtenant to exist, two different parties must own two different parcels of land. [5] The dominant tenement is the land owned by the holder of the easement and the servient tenement is the parcel of land in which the easement is held.
Hear this out loud PauseWhat Is The Major Feature Of An Appurtenant Easement? The major feature of this type of easement is the fact that it is held by the owner in his or her role as dominant tenement. If the dominant tenement is transferred or sold, the easement is instantly transferred with the land.
