South Dakota Utility Easement

State:
Multi-State
Control #:
US-EAS-28
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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

An easement is a legal grant of permission by a landowner that provides a perpetual legal right for SESD to , maintain, and access electric facilities. Easements & Rights-of-Way South Utah Valley Electric Service District ? easements-rights-of-way South Utah Valley Electric Service District ? easements-rights-of-way

Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.

An easement is a permanent right authorizin-g a person or party to use the land or property of another for a particular purpose. In this case, a utility acquires certain rights to build and maintain a transmission line.

In order to formally establish the easement as a property right, the owner would need to either enter an agreement with the owner of the property being used for the easement, or file an action in court to prove that the easement right has been established.

An ?easement by necessity? arises when a larger parcel is divided, and an easement is reasonably necessary to use and enjoy one of the parcels. Easements - Utah Property Rights Ombudsman Utah.gov ? ... ? Legal Topics Utah.gov ? ... ? Legal Topics

A public utility easement provides a public utility with: (i) the right to , maintain, operate, repair, remove, replace, or relocate public utility facilities; and. (ii) the rights of ingress and egress within the public utility easement for public utility employees, contractors, and agents.

An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land. Generally, for an implied easement to exist, there must be a need for it; if there is no need for an easement, there is no need for a property owner to give rights to access his land to others. The differences between expressed and implied easements patrickburnslaw.com ? blog ? 2015/12 ? the... patrickburnslaw.com ? blog ? 2015/12 ? the...

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement. Appurtenant Easement Law - Free 15 Minute Consultation equitylegalllp.com ? appurtenant-easements equitylegalllp.com ? appurtenant-easements

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South Dakota Utility Easement