Tennessee Public Utilities Easement
Description Public Utility Easement
How to fill out Utility Easement Tennessee?
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Utility Easement Other Form Names
What Is A Utility Easement On A Property FAQ
An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.
Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.
Express Grant by Instrument. An express grant by written instrument is the most common source of an easement. Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. Necessity. Dedication.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.
Summary. An easement in gross is a right allowing an individual or an entity to use someone else's land/property. An easement in gross agreement benefits the property owner as an individual, not the property. An easement holder will be unable to transfer the benefits to another party.
An appurtenant easement is an easement that runs with the land meaning it is meant to be binding on successive owners of the dominant and servient tenements.In contrast, an easement in gross is a personal easement that necessarily does not run with the land.
The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.