Municipalities may need access to private property for purposes such as construction or maintenance of utilities such as:
- Electric utilities that are within a personal property
- Water or sewer lines and equipment
- Gas lines
- Telephone & fiber optic utilities
- And others above or underground
Consequently, a utility easement upon creation by state or local law gives utility employees the right to access infrastructure located on private properties.
It is not uncommon to find existing utility easements on a property or for a property to be encumbered when you purchase a home. These utility easements are, at times, in a category of affirmative easements since they provide utility companies legal access to private property.
Utility Easements
Utility easements sound like more trouble than they are, but they can benefit the community and property owners.
Utility management is accessible due to this easement, and when a company has an issue that needs action, they will access your sewer lines, fiber optics, or cables. That does not mean companies can operate however they choose on your property, but they can do what is necessary for the betterment of utilities.
However, there are restrictions on what is permissible with the property in some cases. For example, if you intended to change shrubbery or plant trees that could alter access to utilities, that might be limited. Interfering with fiber optics or power lines is also not permissible under the guidelines of utility easements.
Who Is Responsible For The Maintenance Of Easements/Rights-Of-Way?
The property owner is responsible for maintaining the area within easements or rights-of-way. However, if a company has significant water or sewer trunk lines or electric utilities that cross undeveloped regions, those will generally be the utility company's responsibility.
For the good of the community, clearing debris and impediments from the lines that could cause damage must be maintained by the owner. In addition, all utilities must remain accessible and unimpeded.
Easements should remain clear of impediments such as:
- Tool sheds, barns, or garages
- Decks
- Treehouses and recreational equipment
- Flagpoles
- And even recreational vehicles that could impede access
What Determines Where Easements Are Located?
Utility easements are placed on land where a former or current owner has allowed the crossing of the property line with utility lines. These may include areas in and along streets where utility poles, cable boxes, water meters, etc., are placed.
