South Dakota Utility Easement (Electric Lines and Appurtenances)
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FAQ
Which of these must exist for an appurtenant easement to exist... Two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity, long time unauthorized usage would lead to an easement by prescription.
An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership. An easement appurtenant, on the other hand, is a permanent encumbrance (legal right) to the property.
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.
Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.
An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.
Utility easements include the right to maintain or work on the utility. Provided they're working only in the easement area, a utility company does not need permission to work on your property ? including digging in your yard.
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.
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.
