Oklahoma Environmental Restriction Easement
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FAQ
A) Utility easements shall be of a minimum width of twenty (20) feet, ten (10) feet on each side of all rear lot lines, or width as specified by the utility company, and when necessary on other lot lines, for poles, wires, conduits, sanitary sewers, gas, water, power, and other utility lines.
Preexistence: There may be an easement of preexistence ? or easement by implication from preexisting use, in some legal settings ? if one party was using the land for their benefit without creating any detriment to the landowner.
In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.
In basic terms, a court-approved easement allows one party to use the property of another party within set limitations and without ever assigning any particular ownership over said property. There are two main forms of easements: Easement in gross: An easement granted to benefit a specific individual.
Termination of Easement for Real Estate Located in Oklahoma This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.
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.
In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.
Utility Easements b) When an easement of twenty (20) feet in width is not provided, the minimum width of the easement shall be fifteen (15) feet, or as required by the County Engineer.
An easement may be terminated when the owner of the easement releases his interest by means of a quitclaim deed.
