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.
A utility easement in New York grants a utility company or municipality the right to use a specific portion of land for installing, maintaining, and accessing utility infrastructure such as power lines, pipelines, water mains, or telecommunications cables. It is important for property owners and potential buyers to understand the details and implications of these easements. In New York, there are several types of utility easements, each serving a different purpose: 1. Electrical Utility Easement: This type of easement allows electrical utility companies to install and maintain power lines, poles, transformers, and other related equipment on private property. It ensures consistent power supply and allows the utility company to access and repair any electrical infrastructure if needed. 2. Gas Utility Easement: Gas utility companies require an easement to lay pipelines, gas meters, and related equipment across private lands. This easement ensures the safe delivery and distribution of natural gas to residential, commercial, and industrial properties. 3. Water Utility Easement: Water utility easements provide access to property for installing and maintaining water mains, meters, fire hydrants, and other water-related infrastructure. These easements ensure proper water supply and allow necessary repairs and maintenance without hindering the property owner's rights. 4. Telecommunications Utility Easement: Telecommunications companies often require easements to install and maintain cables, fiber optic lines, communication towers, and related equipment. These easements facilitate efficient communication services and support the expanding telecommunications network. 5. Sewer Utility Easement: Sewer utility easements enable the installation and maintenance of sewer lines, manholes, and related infrastructure for proper waste disposal and sanitation. These easements ensure the effective functioning of sewer systems without interrupting property use. Property owners should note that utility easements typically come with restrictions and limitations, including the ability of utility companies to access the property as needed for maintenance, repairs, or infrastructure upgrades. While property owners retain ownership of the land, they must grant the utility companies legal rights to utilize a designated portion solely for utility purposes. When considering a property, it is essential to thoroughly review the easement documents, determine the exact location, and understand the scope of the easement. It is recommended to consult with legal counsel or a professional surveyor if any questions or concerns arise regarding the utility easement's impact on the property value or future use.
