If you want to know where any utility easements are located on your property, call the utility company. Or you can go to the county land records office or city hall and ask a clerk to show you a map of the easement locations. A survey of the property will also show the location of utility easements.
Can you build on a property or utility easement?
Yes, you can build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
How to find easement information on a property?
There are three main types of property easements:
- Easements in gross. This type of easement benefits an individual or group, rather than a property. ...
- Easements appurtenant. An easement in appurtenant, also known as a shared parcel use easement, benefits properties rather than specific people and groups. ...
- Prescriptive easements. ...
What compensation do electric companies pay for an easement?
Generally, an electric company does not pay compensation for a typical easement. Exceptions to this may occur when negotiating a new easement, in situations of eminent domain or condemnation or when another utility company requests an easement on an existing easement.
Where to find easement information?
Where to find information about your property
- Title and property boundaries. You can find out how to do a title search on our frequently asked questions page. ...
- Plans and surveys. There are many types of plans you can search for online. ...
- Historical plans and aerial photos. ...
- Central Plan Office. ...
What type of easement is commonly used by utility companies?
The most common type of easement, a utility easement allows a utility company to run its pipes, lines, etc., under or on other people's property in order to serve its customers. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners.
What is a utility easement in Texas?
A utility easement allows power, gas, water, sewer, drainage, telephone, cable utilities the right to use an owner's property for specific purposes such as to construct, repair, maintain, operate, and manage utility facilities. The property owner owns the land upon which the easement is located.
What is a public utility easement California?
Public Utility Easement means any privately owned land, in which the City holds an easement for public utility uses and purposes, without regard to whether any “public utility,” as defined in California Public Utilities Code section 216(a), has an easement for similar public utility uses and purposes.
Can I build a fence on a utility easement in Texas?
Yes, you can build on a property easement, even a utility easement.
Can a property owner block an easement in Texas?
For the most part, a property owner can't block an easement if it was already mentioned in the property's deed. If the property owner tries to contest the easement's boundaries, then it's a good idea to have a property survey conducted by a reputable local company in Guadalupe County, TX.
Can I put a gate across a right of access?
Today's position is that a landowner may install a gate across a right of way as long as the owner of the right can still “substantially and practically” use it in the same manner as before.
Do easements have to be registered?
You must apply to register an easement in form AP1 where both the benefiting land and the servient land are registered. When the benefitting land is unregistered you can apply to register the easement using either form AP1 or form AN1 to meet the registration requirements (rule 90 of the Land Registration Rules 2003).
What are the three types of easements?
There are several types of easements, including:utility easements.private easements.easements by necessity, and.prescriptive easements (acquired by someone's use of property).
What is utility easement?
What Is A Utility Easement? Utility easements are designated parcels of land that give utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it’s interfering with telephone lines. There are other types of easements, such as private ...
What does an easement mean on a deed?
Although an easement will not mean that the property belongs to the utility company , it can place some restrictions on how you can use the property. With any easements, consider any restrictions you may face before signing the deed. All utility easements are designed to allow the company to serve the community’s needs.
What are the rights of a utility company?
When you have a utility easement on your property, the utility company may have a range of legal rights. A few restrictions you might face include: 1 Utility company access without your approval: You may want to know who will be working on your property and when. But the utility company may not have to provide that information. 2 Restrictions on physical alterations: You may want to make an improvement to a certain section of your property. But the utility easement may prevent certain upgrades, such as installing an in-ground swimming pool or erecting a fence. 3 Vegetation restrictions: The utility company may require regular access to a particular area and constantly tear up your garden. Additionally, many utility easements limit the planting of major trees in a specified area.
What are the different types of easements?
There are other types of easements, such as private easements, easements by necessity, and prescriptive easements. But utility easements are fairly common.
Can a deed come with a utility easement?
However, the property deed may come with a utility easement. In that case, another party would have access to your property without your permission to make changes that you may or may not agree with. Utility easements are a fairly common issue that homeowners can face. Let’s take a closer look at what a utility easement is ...
Can utility companies settle outside court?
Of course, utility companies will often prefer to settle outside of court than drain their resources in a lengthy court battle. With that, you may be able to reach a settlement if you’re reasonable with your requests. A legal expert can help you determine what the best course of action is for your unique situation.
Can utilities be hazy?
Unfortunately, the rules of utility easements can be somewhat hazy. I calling the utility company directly if you run into any questions.
How to get a description of a utility easement?
Writing to the local utility company is another way to obtain the description of specific utility easements.
What is an easement on a property?
Easements are usually assigned for a specific use with specified parties granted access to the property. Right-of-ways don't define who can pass through the property. Both are similar and described on the same property deed.
What is an easement right of way?
Easements and Right-of-Ways. An easement allows access to property without giving the other party ownership. Many easements are for utility, maintenance or emergency access. A right-of-way allows others to go through your property. For example, California has hundreds of unmarked areas adjacent to beachfront homeowners' properties ...
What is easement on a deed?
An easement as described on a property deed defines public or private usage rights of a property. If you already own a property, the property deed should be in the closing paperwork.
How much does a certified copy of a property cost?
Pay any applicable fees. For example, the County of Placer in California currently charges $2 per first certified copy page and $1 per page thereafter.
Where to find deeds in a county?
Locating Records. The property deed is recorded through the county courthouse. However, the final location of the record may vary depending on the age of the record and the county's record keeping system. Most counties maintain deeds at either the Assessor's Office or the County Clerk's Office.
Can a back property owner use the front property?
The back-property owner may have a right to use part of the front owner's property for access. This easement should describe the part of the property that is accessible, which means if the driveway is the authorized easement, the back owner should not use the yard or other parts of the front property. The easement affects your full use and ...