Where do utility easements need to be written down?

For many property owners, the first issue is understanding what entity is responsible for defining utility easements and where they are written down. Easements are specified in a property deed, which is typically recorded at the county courthouse.

How are easements recorded in the public record?

Easements (those rights someone else has to use part of your property) are typically recorded in the public records of the County in which the property is located, and are thus easily discernable to anyone searching in the public records. An unrecorded easement, on the other hand, are those easements which for whatever reason go unrecorded.

How can I find out if I have an easement on my property?

Utility easements are usually written into your deed. If you’re not sure if there’s an easement on your property, it’s best to do a title search to find out. A utility easement will transfer with the land, or “run with the land”—that is, if you sell your house, the next owner buys your house and land with the easement on it.

Do you have to pay taxes on an easement?

Property Owners’ Rights Property owners have rights regarding their utility easements. The property owner owns the land with the easement and must pay taxes on the easement area. Usually, the utility companies don’t pay anything for the use of the easement.

Can a property owner put a utility easement on their property?

Occasionally, property owners buy a home with towers at the edge of their property. These are usually towers connected to each other by power lines. If you see these massive towers on the property, check your deed to see if this specific easement is in writing. Property owners have rights regarding their utility easements.

Where does an unrecorded easement show up on a title search?

Recorded easements generally show up in a title search performed by the title company, but unrecorded easements may show up only on a survey.

Can a recorded plat be used to create an easement?

But the Kobrine Court went on to state that an easement could also be validly created by a memorandum that complies with the Statute of Frauds ( §5-103 of the Real Property Article of the Maryland Code). The Court of Appeals also cited Dubrowin v.