Can You Plant In A Drainage Easement?
A drainage easement is an area, often a strip along the side of a road or other public place that acts as a site for drainage.
It limits land use to non-agricultural activities, such as buildings. In many areas, it provides protection from flooding and erosion.
People can plant in this part of the easement and not have to worry about development for years until storm sewers are completed. The answer is yes if you have a drainage easement and need to plant vegetation. However, if you’re planting a tree which must be anchored in the ground,
It is necessary to get permission from the drainage district or local governmental agency operating under the rules of its drainage master’s program.
Before planting in any drained or undeveloped area contact your local water management district for information on what activities are allowed within those areas; before planting anything, contact them to verify the activities are allowed in that area and your plans will be approved.
How Do You Negotiate A Pipeline Easement?
A pipeline easement is an agreement between the property owner and a pipeline company for the use of a piece of land, usually for the purpose of building or operating a pipeline.
A typical easement agreement would state, The Right is reserved in perpetuity for all future use of said property by Transcontinental Pipeline Company. This means that if no more pipelines are on the land, no one can build another without permission from Transcontinental.
If you have an oil pipeline easement, you can negotiate with a pipeline company for an easement right-of-way to use the pipeline corridor, but you must also get permission from the pipeline route owners in advance.
In other words, before beginning your pipeline construction and seeking a right-of-way, it’s necessary to talk to the land owners on either side of your proposed route.
They are very likely to grant permission if they think that the construction is necessary; after all, it’s more than likely that the owners will benefit from the pipeline themselves.
How Wide Is A Power Line Easement?
A power line easement is an agreement between a power company and someone who owns property within the easement, such as trees or land.
The agreement is necessary because the power company needs to be able to come onto this person’s property, remove limbs and vegetation, or even dig up plants to install lines.
The width of the easement varies widely depending on where you live; in some areas, a power line easement can be up to one hundred feet across; in others, it’s only eighteen inches. However, the width of an easement is rarely less than ten feet.
It may also vary according to the type of transmission lines that are installed. Generally, an easement is as wide as the widest transmission lines that will go through it in the future. However, power lines don’t often grow wider over time.
One important thing to be aware of is that the easement can’t go around private homes or properties but can go alongside them. In other words, a power line easement can go across your property, but it cannot run along both sides of your yard.
What Is The Difference Between An Easement And Servitude?
An easement is a legal right that is granted to someone with respect to another person’s land. For example, if you have an easement over a piece of land in order to access it, the land is described as having an easement appurtenant, or one that runs with the property.
This means that the owner cannot change the use of his property without the consent of whoever holds the right-of-way; usually, this is the land owner on either side. A servitude is similar in that it is a legal right, but it does not relate to access to another person’s property.
It usually relates to property over which the owner does not have exclusive use rights; for example, water rights or mineral rights: these rights may be conveyed, transferred, and inherited by the holder.
It refers to a legal obligation. For example, if you own land and have a servitude to someone else, then you must serve them in a certain way or pay them.
Can I Refuse A Utility Easement?
If there is an easement, it can be accepted by the landowner in one of three ways: a permanent right-of-way, a temporary right to go through until fixed facilities are built, or sometimes both.
There is another way to decline an easement, which involves the installation of utility lines and attachments on the property in question. This method is called a monitoring agreement, and allows for the utility to go through your land without creating an actual easement.
An easement is a right that allows a person to use or build something on someone else’s property; for example, an easement for the power company to run a line through your backyard means that you can’t stop the company from doing so.
However, you might refuse to allow the utility company to run their lines along your property because of noise or disturbance of your daily activities. Or, if you are concerned about safety issues, you might consider refusing service altogether.
How Do You Enforce Easement Rights?
There are three ways an easement can be enforced. Significantly, an easement can be enforced by judgment, by condemnation, or through a contract.
- Judgment– is the most straightforward way to make sure that easement rights are fulfilled; when you own land, someone can sue you over your right to allow them to access their land through yours. For example, if you have a right-of-way granted by your neighbor and decide to stop him from using it anymore, he can sue you and win the right of way in court; the court will order you to allow the neighbor access to your land.
- Condemnation– is a process by which the government can seize private property for public use. For example, if a government decides that it needs a right of way across private property, it can seize the right of way by virtue of eminent domain and pay you fair market value for it; this is a form of compensation for the loss of your property.
- Contract– is a one-time written agreement (in some states, the agreement must be in writing) between you and the utility company that grants them easement rights. The provisions of this agreement will require the utility to return access to you, maintain easements, and pay you a fee if they damage your property while accessing it; they will also agree to abide by any environmental laws while working in your area.
How Much Does A Conservation Easement Pay?
The fee for a conservation easement is not fixed. It depends on the size of the property, where it is located, and which type of easement was purchased by the landowner: gain-of-use easements, partial easements, or strict meaning partial easements.
The latter being the most expensive. In addition, a landowner can choose to receive only a percentage of the money that would have been paid for the easement.
If a landowner does not want to take advantage of all of the possible protections and benefits provided by an easement, then they can take advantage of an environmental preservation agreement; this allows them to maintain their right-of-way while receiving some compensation; however, this agreement isn’t an easement.
The average price for a conservation easement varies between 50 to 70 % depending with size and location of the property. In addition, the land owner will have to pay the appraiser and attorney fees associated with the easement.
What Is The Major Difference Between An Easement Appurtenant And An Easement In Gross?
An easement in gross allows the holder of the right-of-way to use it according to the terms of their agreement. For example, if a utility company has an easement in gross that grants them permission to enter your backyard, they can run their wires and pipes through your property.
The easement will typically be recorded with the deed; however, there are times when this is not possible and is avoided completely.
An easement appurtenant is the interest of one person gets in the property of another. It is a right that is granted to someone with respect to another person’s land. It is appurtenant because it not only runs with the land, but passes to whoever may later own the land.
An easement in gross is an interest that, while it also may pass down to others through inheritance, is unrestricted by ownership of land. In other words, if you own the easement, it runs with your land.
An easement appurtenant is one that passes to each successive owner of the land. An easement in gross is one that will pass to whoever owns the easement, regardless of who may later own the land.
Can You Force Someone To Give You An Easement?
As long as it is for a public project and the public interest serves a greater need; however, the landowner cannot be forced to give up their private interests.
For example, if you want an easement so that you can install a pipeline running through your property but don’t want to give up your right-of-way, you cannot force the landowner to do so.
However, suppose it is in the public interest and there is a need for such a pipeline and no other alternatives are available. In that case, the government might take the landowner’s rights through eminent domain.
Is An Unrecorded Easement Enforceable?
There are only a few circumstances in which any kind of easement can be asserted in court against a landowner: if one of the parties to the agreement the owner or easement holder is deceased.
The easement has never been recorded with a title deed. However, there are many times when an unrecorded easement will not be enforced.
The size of an easement’s benefits is not enough to outweigh the holder’s inability to record the easement. Therefore, land that has been acquired through eminent domain or condemnation is not subject to an unrecorded easement.
However, if the proper application has been made (i.e., with proper notice and before a decision is rendered on the matter), then an unrecorded easement can be enforced at any time by using all three methods listed above.
In California, it is also possible to record a contract that has been made and follow the procedures in that state.