New Mexico Amendment to Easement (Powerline Easement)

State:
Multi-State
Control #:
US-OG-927
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Word; 
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Description

This form is an amendment to easement for a powerline easement.

The New Mexico Amendment to Easement, specifically the Power line Easement, refers to a legal document that brings modifications or changes to an existing power line easement agreement within the state of New Mexico. This amendment is crucial as it allows for necessary adjustments, updates, or expansions to be made to the original easement agreement, ensuring effective delivery of electricity to homes, businesses, and communities. The New Mexico Amendment to Easement (Power line Easement) can encompass various types, depending on the specific circumstances and requirements. Here are some examples: 1. Expansion Amendment: This type of amendment is utilized when there is a need to extend the scope of the power line easement. It may occur if additional land is required for constructing new power lines or expanding existing ones to cater to the growing demand for electricity. 2. Modification Amendment: A modification amendment is employed when changes are necessary to rectify any inaccuracies, shortcomings, or ambiguities within the original power line easement agreement. It could involve the re-alignment of power line routes or adjustments to the width of the easement for improved efficiency. 3. Access Amendment: An access amendment may be implemented when alterations are needed to grant power line companies, contractors, or maintenance crews the required access to the power line easement area. This can involve changes to existing roads, gates, or paths to ensure convenient entry and maintenance. 4. Time Extension Amendment: This type of amendment is utilized to extend the duration of the power line easement agreement beyond its initial expiration date. It may be necessary if the original timeframe is insufficient to complete construction, conduct maintenance, or perform necessary upgrades. 5. Usage Amendment: A usage amendment is employed when changes are needed regarding the type of activities permissible within the power line easement area. It may involve restricting or allowing specific land use, such as prohibiting structures that could hinder power line maintenance or permitting limited agricultural activities. Legal professionals and stakeholders involved in electricity distribution should carefully review the specific requirements to determine the relevant type of New Mexico Amendment to Easement (Power line Easement) needed. It is essential to involve all parties and fulfill the legal obligations while considering the impact on landowners, electricity users, and the environment.

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FAQ

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).

Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

Easements in New Mexico are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another ? they provide pedestrian and/or vehicular access.

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 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.

Easements are either ?appurtenant? or ?in gross.? An appurtenant easement benefits a specific parcel of land, known as the dominant estate. The parcel over which the easement runs is called the servient estate. An appurtenant easement attaches to the ownership of the dominant estate.

The answer is - 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.

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New Mexico Amendment to Easement (Powerline Easement)