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.
South Dakota Easement for Utilities
State:
Multi-State
Control #:
US-00500
Format:
Word;
Rich Text
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Description
This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.
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FAQ
A Right of Way is a type of easement in which the owner grants access rights of another to pass over the land of another. These access agreements are in rural and recreational properties (i.e. cottages). The waterfront owner will grant an Easement to the landlocked property to access the shorefront.
The majority of this land is located in the western half of the state. School lands are available to the public for hunting and fishing. These lands must be legally accessed; anyone crossing private land to access school land must have the permission of the private landowner.
A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.
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.
An easement is a limited right of use over the property of another. Easements may be established by grant or reservation and may be affirmative or negative, appurtenant or in gross, and express or implied. South Dakota law also recognizes easements by prescription.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.