Residential Utility Easement

Easement


A utility easement is a legal right that allows utility companies, government entities, or other specific parties to access and use a designated portion of private property for the purpose of installing, maintaining, or repairing essential public services. 

Key Aspects of a Utility Easement

  • Ownership vs. Right to Use: The property owner still owns the land in question and is responsible for its general maintenance. The easement does not grant ownership to the utility company; it only provides a legal right of access and use for a specific purpose.
  • Common Utilities:Easements are commonly used for infrastructure such as:
    • Electrical power lines (above or underground)
    • Natural gas pipelines
    • Water and sewer lines
    • Telecommunications infrastructure (telephone, cable, fiber optic internet)
    • Drainage systems
  • Restrictions on the Property Owner:To ensure clear access for maintenance and repairs, the property owner is generally restricted from certain activities within the easement area:
    • No permanent structures: Building permanent structures like sheds, decks, swimming pools, or additions is typically prohibited.
    • Limited landscaping: Planting large, deep-rooted trees or extensive landscaping that could interfere with utility lines or block access is often not allowed.
    • No blocking access: The owner cannot block the utility company from accessing the easement area. If an obstruction is built, the company generally has the right to remove it (often without compensation to the owner).
  • Utility Company Rights: Utility companies have the right to enter the property to perform necessary work, even without seeking explicit permission for each visit, especially in emergencies. They are typically required to restore the property to its original state after work is completed, minimizing disruption.
  • Permanence and Transferability: Most utility easements are permanent and "run with the land". This means the easement rights and restrictions transfer to any new owners when the property is sold. They are usually recorded in the property deed or title report.
  • Identifying Easements: To find out if a property has a utility easement, one should check the property deed, title insurance policy, or the subdivision plat map at the local county recorder's office. 

Property owners planning any digging or construction activity must contact the national Call 811 service before starting to have underground utility lines marked, which helps ensure safety and avoids damage.