Rhode Island Easement and Right of Way (For Electrical and Communication Lines and Faciliites)
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FAQ
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
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).
Easements shall not exceed fifty (50) feet in width unless required by special circumstances.
You may be able to terminate an easement by creating a deed and extinguishing it. The dominant owner may decide to transfer the easement through deed to a servient owner. If the easement and servient land are owned by the same person, they can merge the two and terminate the easement.
While many land uses that do not interfere with transmission lines are allowed, including farming, grazing, gardening, hunting, biking, hiking, and snowmobiling, some uses are restricted. Structures and occupied dwellings are not permitted, nor are tall-growing trees and some other types of vegetation.
If the easement is a prescriptive easement, you can nullify it by creating a written or formal contract with the individual utilizing your property. In the contract, you can allow them the use of your property only under express circumstances, and nothing more.
Utility Easement: A utility easement is a type of easement that grants utility companies the right to access and maintain their utility lines (such as electricity, water, or gas) on a property.
Statutory Rights of Way in BC Unlike an easement, which exists between property owners, a statutory right of way has no designated dominant tenement. Therefore, the covenant exists between the landowner and the municipality or the utility provider.