A Hawaii Utility Facilities Easement is a legal right granted to utility companies or government entities that allows them to access and maintain their utility infrastructure on private property in Hawaii. This easement ensures that utility providers have the necessary access to install, repair, and maintain utility facilities, such as power lines, pipelines, water mains, or telecommunications infrastructure, without interference from property owners. Utility Facilities Easements are typically created through a written agreement or by the filing of easement documents with the appropriate government agencies. These agreements outline the specific terms and conditions of the easement, including the rights and responsibilities of both the utility company and the property owner. The specific terms may vary depending on the utility involved and the location of the easement. In Hawaii, there are different types of utility facilities easements that may exist: 1. Electric Easement: This type of easement allows electric utility companies to install and maintain power lines and related equipment on private property. It ensures reliable electricity distribution to homes, businesses, and public areas. 2. Water and Sewer Easement: Water and sewer utility companies may have easements for the installation and maintenance of water mains, pipelines, or sewer lines on private property. These easements facilitate the provision of clean water supply and efficient sewage disposal. 3. Telecommunications Easement: Telecommunication companies may have easements for the installation and maintenance of telecom infrastructure, including fiber optic cables, cell towers, or equipment cabinets on private property. These easements enable reliable communication services such as telephone, internet, and television connectivity. 4. Gas Easement: Gas utility companies may have easements that allow them to install and maintain gas pipelines or equipment on private property. These easements ensure a safe and efficient supply of natural gas for residential, commercial, or industrial use. It is important to note that utility facilities easements do not transfer ownership of the property to the utility company. The property owners still retain their rights to use and enjoy the land, subject to the utility's rights outlined in the easement agreement. Property owners may also have restrictions on certain activities within the easement area to ensure the safety and functionality of utility infrastructure. Overall, Hawaii Utility Facilities Easements play a vital role in facilitating the reliable provision of essential utility services to both residential and commercial properties in Hawaii. They provide utility companies with the necessary rights to access and maintain their infrastructure while balancing the rights and responsibilities of property owners.
Hawaii Utility Facilities Easement
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If the easement is a prescriptive easement, you can nullify it by creating a written or formal contract with the individual utilizing your property. In the contract, you can allow them the use of your property only under express circumstances, and nothing more.
A presumed easement, or an easement by prescription, can be created based on physical use of property over time. A party claiming a prescriptive easement must provide evidence possession that is open, uninterrupted, continuous, exclusive, and adverse for a period of 20 years.
An easement gives one party the right to use the property of another party for a specific purpose. This is known as an affirmative easement.
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).
Utility easements are strips of land used by utility companies or village municipalities to construct and maintain electric, telephone and cable television lines, water, and sewer services. Who owns the utility easement? The property owner owns all of the land including the utility easements.
Access easements shall be a minimum width of 30 feet or as approved by the City.
Easements shall not exceed fifty (50) feet in width unless required by special circumstances.