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This easement is typically granted by property owners to an electric utility for constructing, operating and maintaining power lines and other equipment. Before a power line is built, we acquire easements from property owners along the selected route as necessary.
The property owner is known as the ?grantor? of the easement, while the party that possesses it is known as the ?grantee?. Easements are conveyed by deed or contract, and if one exists, it should be included in the legal description of the property.
The Alabama Supreme Court has enumerated three elements that a landowner must prove in order to obtain an easement by necessity: (1) ?that he has no other reasonable means of getting across his land?; (2) ?that ? the owner of the dominant estate ? and the ?
U.S. laws do not always make sense and nor are they always fair. Case in point: prescriptive easements. Easement by prescription, or adverse possession, refers to the legal concept that allows one to obtain ownership of a property despite the fact that another person or entity may already own it.
Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.
Ok, if there is nothing about maintenance, then under common law, the servient estate holder only has to maintain the easement route in the same condition it was in when the easement was granted.. So if it was dirt or gravel when the developer granted it, then the HOA only has to maintain a dirt or gravel route.
A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.