What is allowed in a public utility easement?
What is allowed in a public utility easement?
An easement is the right to use part of a property without owning it. Utility easements are one of the most common types of easements for private property, which generally allow public utility companies access to the property for the purpose of installing, repairing and maintaining utility lines.
What is a utility easement in Texas?
Easements are nonpossessory interests in land. Often, easements are created in Texas to give a person or corporation a right of access across a piece of land. For example, an Austin homeowner may give an easement to Austin Energy granting access to utility lines on the property. Easements can be private or public.
Can I build on a public utility easement?
Yes, you can build on a property easement, even a utility easement. The dominant estate owning the easement may need to access the easement. Anything, from a house addition down to fences, shrubs, and children’s playsets might need to be removed in this event.
Can a prescriptive easement be obtained for an underground utility line?
Prescriptive easement granted for underground utility lines An easement may be acquired by prescription if one engages in visible (“open and notorious”) use of another’s property in a continuous manner for the period of the statute of limitations. Most state presume such uses are permissive although a growing minority of states presume permission.
How can underground utility lines be acquired by prescription?
How then could underground utility lines (which are obviously hidden) be sufficiently visible to be acquired by prescription? The Massachusetts Land Court ruled that an owner can acquire an easement by prescription for underground utility lines if physical clues on the land would put a reasonable owner on notice that the lines exist.
What to do if a utility line is placed on your property?
If you are concerned because a utility line has been placed on your property without your consent, you may want to consult an attorney who specializes in real estate law. The ins and outs of property easement laws can become complex and a competent attorney can help you to know your legal rights in easement situations.
Who is responsible for an underground gas line?
While private lines are considered the responsibility of the landowner (this may include gas lines, private sewer laterals, sprinkler systems, and certain electric lines), underground utilities are the responsibility of the public utility company and home owner.
Prescriptive easement granted for underground utility lines An easement may be acquired by prescription if one engages in visible (“open and notorious”) use of another’s property in a continuous manner for the period of the statute of limitations. Most state presume such uses are permissive although a growing minority of states presume permission.
How then could underground utility lines (which are obviously hidden) be sufficiently visible to be acquired by prescription? The Massachusetts Land Court ruled that an owner can acquire an easement by prescription for underground utility lines if physical clues on the land would put a reasonable owner on notice that the lines exist.
If you are concerned because a utility line has been placed on your property without your consent, you may want to consult an attorney who specializes in real estate law. The ins and outs of property easement laws can become complex and a competent attorney can help you to know your legal rights in easement situations.
While private lines are considered the responsibility of the landowner (this may include gas lines, private sewer laterals, sprinkler systems, and certain electric lines), underground utilities are the responsibility of the public utility company and home owner.