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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.
The owner of land owns the groundwater underlying such land and surface water standing on the land, however the Oklahoma Water Resources Board regulates non-domestic use.
Common Enemy Theory: A landowner can protect himself from surface water by any means, without liability for the harm that he may inflict on other landowners. This is based on the principle that surface water is a ?common enemy? and a property owner has an unlimited right to use his land as he pleases.
The Oklahoma Land Access Program (OLAP) enrolls private lands to allow public access for hunting, fishing, stream access and/or wildlife viewing. Accessing by foot, sportspersons can enter and use OLAP lands without obtaining special permission or paying a separate fee.
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.
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.
A. Utilities: Easements with a right of way width of ten feet (10') shall be provided on each side of all rear lot lines and along certain side lot lines where necessary for utilities. When restricted to one side of such line, the easement shall be not less than twenty feet (20') in width.