Puerto Rico General Easement for Utilities

State:
Multi-State
Control #:
US-EAS-34
Format:
Word; 
Rich Text
Instant download

Description

A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

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.
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FAQ

Landlocked Property. A property is considered legally landlocked where it is left without access by the purchase of limited access right of way across its existing access or where a physical barrier (e.g., a high fill, stream channel relocation) has been constructed across its existing access or property frontage.

Easements don't expire over time, so there isn't much a property owner could legally do to keep you from using this piece of land. If they've chosen to do so, however, it might be best to let an attorney deal with it. Your case may have to be taken to court if the property owner refuses to remove the easement blockage.

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).

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

§ 704.01(1) (2021). Once created, the location of the easement cannot be changed without agreement. When an easement is blocked, the easement owner may pass over the adjoining land as far as is necessary to avoid the blockade.

Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.

An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.

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Puerto Rico General Easement for Utilities