Electric Line Easement and Right of Way

State:
Multi-State
Control #:
US-OG-995
Format:
Word; 
Rich Text
Instant download

Description

This form is an electrical line easement and right of way.

Definition and meaning

An Electric Line Easement and Right of Way is a legal document that grants utility companies the right to install, maintain, and operate electrical lines on a property owner's land. This easement allows the utility to access and use a specific area of land for the installation of power lines, poles, and other necessary equipment to provide electricity to customers. The property owner retains ownership of the land, but the utility company is granted certain rights to use it for electric utility services.

How to complete a form

Completing the Electric Line Easement and Right of Way form requires careful attention to detail. Follow these steps:

  • Begin by filling in the state and county where the property is located.
  • Provide the name and address of the Grantor (the property owner) and the Grantee (the utility company).
  • Indicate the effective date of the agreement.
  • Choose between a Defined Easement or a Blanket Easement, and provide the necessary details for each.
  • Clearly state the Project this easement pertains to, including any equipment involved.
  • Review and confirm the access rights, term duration, and any provisions related to land use, structures, minerals, and warranties.

Key components of the form

The Electric Line Easement and Right of Way form includes several essential components:

  • Grantor and Grantee: Identifies the property owner and the utility company.
  • Easement Property: Specifies the land area involved, either as a Defined Easement with specific acreage or a Blanket Easement.
  • Project Description: Details regarding the type of electrical project being conducted.
  • Access Provisions: Outlines the rights for accessing the easement property.
  • Term: States the duration of the easement rights.
  • Maintenance Rights: Describes rights related to maintenance and possible vegetation management.

Who should use this form

This form is primarily used by property owners who are presented with a request from a utility company to utilize a specific portion of their land for electrical lines. It is suitable for:

  • Homeowners receiving a request for an easement from an electric utility.
  • Landowners seeking to understand their rights and obligations regarding the easement.
  • Real estate developers working in areas where electrical infrastructure needs to be installed or updated.

Legal use and context

The Electric Line Easement and Right of Way is legally binding and provides a clear framework for utility companies to operate on private property while respecting the landowner's rights. The legal use context includes:

  • Establishing a formal agreement that protects both parties.
  • Setting terms for maintenance and access to ensure the utility can effectively manage its infrastructure.
  • Providing a legal basis for compensating the Grantor for any impact the easement may have on their property.

Common mistakes to avoid when using this form

When completing the Electric Line Easement and Right of Way form, keep in mind these common pitfalls:

  • Failing to accurately describe the easement area can lead to disputes over property boundaries.
  • Not specifying the effective date properly could cause confusion regarding the start of rights granted.
  • Neglecting to read the terms related to maintenance and access can lead to misunderstandings about responsibilities.
  • Overlooking the definition of compensation and consideration can result in inadequate agreements.
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FAQ

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.

It's generally advised, for example, that you should live 600 metres from high-voltage transmission lines. But in some cases, this distance may be much shorter. For the smaller distribution power lines that run close to your home, a safe distance could be 3 metres or 60 metres.

A private right of way is an easement, which is the right to use part of another's property in a particular way even though they do not own it.

BPA does not recommend that anyone attempt to calculate how close they can come to a power line. As a general precaution, when under a line, never put yourself or any object any higher than 14 feet above the ground. The National Electrical Safety Code specifies a minimum safe clearance for each operating volt- age.

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.

Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.

An easement held by an electricity provider allows it to erect and maintain electric power equipment on your land. The easement gives the electric power company the right to use a property for this specific purpose only.

A transmission line usually is centered in the right-of-way. The width of a right-of-way depends on the voltage of the line and the height of the structures, but can be 75 to 150 feet or more depending on the type of facilities planned for or located on the right-of-way.

What is a right-of-way? It is a legal agreement that allows us access to the property directly beneath and to either side of an electric power line. Also called an easement, the right-of-way allows us to enter the property at any time, to perform maintenance or repairs to our equipment.

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Electric Line Easement and Right of Way