Utility Line Placed Without Property Easement

Does a landowner have any rights when a utility line is placed without property easement? Property easements, also known as a right-of-way, are sections of land that are used by utility companies in order to build and then maintain, repair or replace any overhead telephone, cable TV, or electrical power lines. Underground water, sewer, electric, cable tv, and phone lines are also included in property easement situations. When a property easement is placed on an area of land, this land still belongs to the landowner, but utility companies are allowed the right to access this land when the need arises.

Is There an Easement?

An easement is needed for any crossing of property by the utility companies, whether it is an easement for a utility line that is underground, in the air, or on the ground. However, it is not uncommon to find that a utility line has been placed on someone's property without the procurement of a property easement beforehand. When this takes place without the permission of the landowner, certain steps should be taken in order to see if:

• An easement is mentioned in the deed to the property.
• A Homeowners Association has the right to act as the property owner's agent and give permission for a property easement.
• The land in question is under a constructive property easement, which means that technically, no written easement is needed.
• The former owners of the property in question made arrangements for a property easement.

Types of Property Easements

For those whose property is part of a subdivision, the legal agreement needed for a property easement is usually taken care of when the subdivision is under construction. A property easement is considered to be a property right in and of itself under common law. Typically, there are four types of property easements that can concern the property owner:

• Right of way easements.
• Support easements.
• Light and air easements.
• Easements for any sort of artificial waterway, including storm drains.

The rules for deciding whether or not an easement is in place can vary depending on the state where the property is located and the jurisdiction where the property is located.

When to Seek Legal Assistance

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.