What Is a Utility Easement?

What is a utility easement? Maybe you have found yourself asking this question because it has come up recently in your life as a property owner or manager. Many types of easements allow others various ranges of access to your property, which is why it is important to have a basic understanding of a utility easement and how it can relate to your property.

Easements: How Are They Created?

There are many ways in which an easement may come into existence. Some of these include:

• An agreement between property owners.
• An agreement between someone selling their land and the person buying the land.
• Some utility easements are made due to a local statute or ordinance.
• Easements imposed by a local court. This happens when one landowner may be in favor while the other is not. Examples of this can include landlocked areas that can only be accessed through others’ property.

Utility Easements

Utility easements are a specific type of easement that allows utility companies to have access to your property for an array of purposes. This can include installing utility poles, running electrical lines either underground or above ground, maintaining gas lines, and more. Not only do these types of easements allow utility companies to come and install these things, but they also grant them continual access for maintenance purposes.

One notable thing to remember about utility easements is that they are typically permanent. This means they will remain in effect regardless of whether you sell your property to someone else or keep it. If you ever plan to sell your property, you will need to communicate the existence of an easement, which is important to keep in mind before entering into such a permanent and binding agreement.

In some cases, a company may decide to abandon the easement simply because they no longer need access to your property or for other reasons. In these situations, your easement would cease to exist. There are also some easements that are signed into effect with expiration dates, in which case they would no longer be pertinent after that date.

Utility Easement Compensation

In some cases, you may receive compensation from a company that uses your land. Sometimes, this comes in the form of one large payment. There are also scenarios in which damage to your property occurs as a result of the work being done on it. In these cases, you may be entitled to additional compensation, which an experienced lawyer can help you determine.

How a Lawyer May Be Involved

There are many roles that an experienced lawyer may take on when it comes to situations involving easements of any kind. Some of these include:

• Drafting and guiding clients through extensive paperwork. Lawyers are good at legal written agreements. When it comes to easements, some form of written agreement is always necessary. A lawyer may work on behalf of the company or the landowner in any given situation involving easements to help ensure the process is done correctly and efficiently.
• Give insight to each party regarding rights and responsibilities. Both parties must consider many factors before committing to a formal agreement, such as an easement. An attorney can point out rights and responsibilities and help each party make sure they know what they are getting into before they sign anything legally binding.
• Help clients navigate disputes. In some cases involving easements, the two parties may not be in agreement. An attorney who has experience in such matters can represent their client and their desires and even fight for their interests in a legal context.

Easements can be complex documents full of confusing legal terms and language. While an experienced lawyer can help walk you through the process, it can be helpful to know some basics before you take the first step.

FAQs

Q: What Type of Easement Is Commonly Used by Utility Companies?

A: Utility companies commonly use what are known as utility easements. These easements grant them access to the property or land they are planning to work on for however long they may need it. They may be completing a variety of tasks, including installing, maintaining, or repairing various things, such as power lines.

Q: Can I Build Within a Utility Easement on My Property?

A: Whether a property owner can build on a utility easement typically depends on rights granted within the easement document and the type of utilities that are installed on the property. Usually, a property owner needs permission from the utility company to build anything in the utility easement area, especially if the structure blocks the easement. There is also the chance that whatever is built could be destroyed if the utility company needs access to the area for purposes such as maintenance.

Q: Can I Refuse a Utility Easement?

A: If a utility easement from a company is seeking access to your property for company purposes, you can legally refuse the easement request. This is especially true in cases where alternate properties could provide the same benefits as your own. There may be an instance where your property is needed for public benefit, in which case you may need to go to court to refuse that particular easement.

Q: Do I Need Permission to Plant on a Utility Easement?

A: It is highly recommended that you check in with the utility company before planting anything in a utility easement area. Some plants may be allowed, while others are restricted, depending on the utility installation. For example, a small flower garden may be admissible, while a tall tree might be restricted if it can interfere with underground cables or overhead lines. Anything that is planted will likely be removed if the utility company needs access to the area.

An Easement Lawyer in South Carolina

It can be difficult to understand the lengthy and complex language and structure of utility easements. These types of documents affect not only your property but also your everyday life, meaning they shouldn’t be taken lightly. If you need help with a utility easement, reach out to Mack & Mack Attorneys today to learn more about how we can assist you in this process.