Utility Facilities Easement
What this document covers
The Utility Facilities Easement form is a legal document used when a Grantor wishes to convey a right-of-way and easement for utility purposes to a Grantee. This form is essential for establishing clear rights for utility companies or service providers, allowing them to install and maintain necessary infrastructure like electrical and telecommunication systems on the Grantorâs property. It distinguishes itself from other property-related forms by focusing specifically on utility access and related maintenance rights.
Main sections of this form
- Identification of Grantor and Grantee, including name and address.
- Description of the land involved (referred to as the Lands).
- Grant of a perpetual easement detailing the purposes allowed.
- Rights granted for construction, maintenance, and repairs of utility facilities.
- Conditions on the Grantor regarding structures and vegetation within the easement.
- Indemnification clauses protecting both parties against claims related to the easement.
When to use this document
This form should be used when a property owner (Grantor) and a utility provider (Grantee) agree on granting an easement for the installation and maintenance of utility services. It is particularly relevant in scenarios such as installing new electrical poles, laying down telecommunication cables, or making necessary improvements to existing facilities on the property.
Who should use this form
- Property owners who need to grant utility companies access to their land.
- Utility companies seeking to establish rights to install and maintain equipment.
- Real estate professionals facilitating property transactions involving easements.
- Land developers who require utility access for new projects.
Completing this form step by step
- Identify and enter the names and addresses of both the Grantor and Grantee.
- Specify the effective date of the easement agreement.
- Provide a detailed description of the land being affected, as outlined in Exhibit A.
- Clearly outline the specific purposes of the easement and the rights granted to the Grantee.
- Include any provisions regarding maintenance, repairs, and possible relocation of facilities.
- Ensure both parties sign the document, acknowledging their agreement to the terms.
Does this document require notarization?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to accurately describe the land involved in the easement.
- Not clarifying the specific rights granted to the Grantee.
- Omitting required signatures or failing to date the document.
- Neglecting to outline the responsibilities for maintenance and repairs.
Benefits of completing this form online
- Convenience of downloading and filling out the form at your own pace.
- Editability to make changes as needed before finalizing.
- Reliability of attorney-drafted content, ensuring legal compliance.
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FAQ
An easement can decrease the value of a real estate, increase the value of the real estate or it can have no impact on the value of the real estate at all. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances.
An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.
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).
Express Grant by Instrument. An express grant by written instrument is the most common source of an easement. Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. Necessity. Dedication.
Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.
The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.
