{"id":369157,"date":"2019-11-05T12:05:59","date_gmt":"2019-11-05T17:05:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/easements-and-utility-companies.html"},"modified":"2024-06-06T16:00:11","modified_gmt":"2024-06-06T21:00:11","slug":"easements-and-utility-companies","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/easements-and-utility-companies.html","title":{"rendered":"Easements and Utility Companies"},"content":{"rendered":"\n
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Easements and Utility Companies<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Homeowners usually have overhead power lines or in-ground sewer lines that run through their property. In such cases, it usually means the utility company has an easement over the property. An easement<\/a> gives the holder a right of way over property owned by someone else.<\/p>\r\n

Municipalities may use part of your property or your neighbor\u2019s property to deliver water and power. But public utility companies need property easements to be compliant with real estate law. This article outlines the rights and obligations of utility companies and property owners with respect to easements.<\/p>\r\n

How a Utility Company Can Create an Easement<\/b><\/h2>\r\n

Utility easements are usually created expressly<\/a> by conveying a property <\/a>deed<\/a>, contract<\/a>, or will<\/a>. That means creating a utility easement requires following similar procedures to transferring other private property interests. Accordingly, creating the easement will usually require:<\/p>\r\n

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  1. A written instrument;<\/li>\r\n
  2. Valid signatures; and<\/li>\r\n
  3. Delivery<\/li>\r\n<\/ol>\r\n

    A utility easement may also be created by implication. An implied utility easement<\/a> exists in situations where:<\/p>\r\n