Connecticut Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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FAQ
Utility right-of-way means the right to place onto and have a part or parts of the Electrical Distribution System on the Lands and the right to come onto the Lands for the purpose of constructing, operating, inspecting, maintaining and reclaiming all or any part of the Electrical Distribution System.
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).
A transmission line usually is centered in the right-of-way. The width of a right-of-way depends on the voltage of the line and the height of the structures, but can be 75 to 150 feet or more depending on the type of facilities planned for or located on the right-of-way.
To establish a prescriptive easement in Connecticut, several elements must be met. The use of the property must be open, notorious, continuous, and adverse for at least 15 years. Open and notorious means that the use of the property is visible and obvious to others, and the true owner should have been aware of the use.
A transmission line is built within an area known as a right-of-way (ROW). The ROW is often 100 to 2,000 feet or more wide in order to accommodate maintenance of the lines.
TVA has the perpetual right under most easement documents to clear rights of way and keep them clear of trees, brush, buildings, structures and fire hazards. These rights were acquired to allow for the construction, operation, maintenance and rebuilding of transmission lines.
Setting the Law Straight on Terminating Easements Abandonment. Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate. ... Merger. ... End of Necessity. ... Demolition. ... Recording Act. ... Abuse. ... Condemnation. ... Adverse Possession.
Chapter 822 - Easements and Restrictions. Section 47-37. - When acquired by adverse use. No person may acquire a right-of-way or any other easement from, in, upon or over the land of another, by the adverse use or enjoyment thereof, unless the use has been continued uninterrupted for fifteen years.