Property Owner Rights & Electric Power Easements

By Anna Assad

An easement is an agreement that allows one party to use the property or land of another party for the specific purpose stated in the easement itself. Electric power easements are agreements between a landowner and a utility company that allow the company to use part of the owner's land for activities and equipment related to providing electricity. However, the landowner does have some rights regarding the use of his land for easement activities, and he keeps ownership of the easement area on his property.

An easement is an agreement that allows one party to use the property or land of another party for the specific purpose stated in the easement itself. Electric power easements are agreements between a landowner and a utility company that allow the company to use part of the owner's land for activities and equipment related to providing electricity. However, the landowner does have some rights regarding the use of his land for easement activities, and he keeps ownership of the easement area on his property.

Creation and Features

An easement is created once the easement agreement is filed in the land records of the property's county. The agreement lists the current owner as the grantor, or giver, of the easement, with the power company shown as the recipient. An easement agreement includes a description of the property and the easement area, with the easement area being that part of the property affected by the agreement. The description might be words that describe the property's measurements or some other identifying reference, such as the recording information for the grantor's land deed, the property tax account number or the street address.

Ready to start your LLC? Start an LLC Online Now

Terms

A section of the easement states the terms of the agreement, including who is responsible for damage to the owner's property and what type of damage might occur because of the easement. The terms list what repairs the power company will do at its own expense if the easement activity is the cause, as well as maintenance that might have to be done because of the easement. These terms give the property owner the right to hold the power company liable for easement-associated damage or maintenance needs, such as replanting worn grass, that the company didn't address. A property owner can request that the power company keep accident insurance for the easement area, as the owner can be held liable by others for accidents arising from the easement or on the easement area.

Considerations

Some easements are only temporary, with an end date or qualifying event given on the agreement. A qualifying event is usually the completion of the power company's project. Other agreements are permanent and "run with the land." This means each property owner after the grantor is subject to the easement and all its terms. An easement agreement is decided on through discussions between the power company and the property owner. The power company typically compensates the owner for the privilege, and both parties negotiate the terms of the easement and the compensation amount until an agreement is reached. If the grantor or any subsequent owner wishes to end the easement, he can ask the power company to release the land from the agreement.

Misconceptions

An easement isn't always by agreement, despite the common name for the document. A utility company can take a property owner to court if he refuses to sign the agreement and the company can't avoid accessing his land to provide service. If the court finds the easement is necessary, the court may grant the easement to the power company by court order. While easements and rights-of-way are sometimes referred to as the same thing, a right- of-way is actually different. The easement refers to the power company's right to use the land, while a right-of-way refers to the land itself.

Ready to start your LLC? Start an LLC Online Now
What Is the Difference Between Warranty Deed & Trustee Deed?

References

Related articles

Title Vs. Deed of Trust

The words "title" and "deed of trust" are often used in real estate. If you're buying a home, both these are used -- and they might confuse you. Title is actually a legal concept while a deed of trust is a real estate document. Understanding these terms can help you navigate the buying process.

How to Remove a Descendant's Name From a Property Deed

Real property owners sometimes include a descendant, usually one of their children, on their property deed so that when they die the property passes to that individual without requiring probate. A descendant is any direct issue of an individual, such as child or grandchild. Including a descendent on a property deed ensures the property stays in the family. But there are certain circumstances where the descendant must be removed from the deed. Two of the most common reasons are when the descendant does not want the property for financial reasons or when the descendant dies before the property owner.

What Is the Difference Between Custodial Parent and Sole Legal Custody of a Child?

Custody is a serious decision that comes into play when parents are no longer married to each other. Unless both parents come to a mutual agreement, a court will dictate which parent the child will live with, who will be responsible for critical decisions relating to the child and whether both parents will share legal or physical custody. Custody arrangements can be modified, and are typically used until the child reaches adulthood -- which is age 18, in most states. Custody determinations are made in accordance with the best interests of the child. Custody is also a concept of state law, and the concept varies by state; its terminology, however, is typically universally accepted. For example, legal custody is not defined in Hawaii state law, but attorneys use the term, because its meaning is universally understood. There are four major custody arrangements, with the differences being which parent is able to make important decisions for the child and where the child will live.

LLCs, Corporations, Patents, Attorney Help

Related articles

What Is a Quitclaim Covenant?

A quitclaim deed conveys someone’s interest in real property to someone else. The seller or donor is the grantor; ...

How to Write a Deed With Power of Attorney

A real estate deed is a document representing legal ownership of a parcel of real estate. To transfer ownership of real ...

Problems With Selling the Property of an Heir

Traditionally, an heir is defined as a person who receives property from an estate due to intestacy. When a person dies ...

In the State of Georgia Does a Spouse Get Half in a Divorce if the Name Is Not on the Deed?

A spouse who isn't on a real estate deed is often entitled to part of the property in a Georgia divorce. Even though ...

Browse by category