Hawaii Easement for Water and Sewer: A Detailed Description and Types In Hawaii, an easement for water and sewer refers to a legal right granted to a property owner or utility company to access and maintain water and sewer lines that run beneath or across another person's property. These easements are crucial for ensuring the proper functioning of the water and sewer infrastructure, as well as facilitating the delivery of essential services to both residential and commercial properties across the state. There are different types of easements related to water and sewer systems in Hawaii, each serving a specific purpose and varying in terms of ownership, usage, and maintenance. The key types of easements include: 1. Easements of Record: These are easements that have been officially recorded in the Hawaii Bureau of Conveyances. They are commonly established through written agreements between the property owner, utility company, or relevant government entities. These easements ensure the ongoing access and maintenance of water and sewer lines by authorized parties. 2. Easements by Necessity: Sometimes, a property owner might lack direct access to a public water or sewer line due to geographical barriers or other factors. In such cases, an easement by necessity may be granted, allowing the property owner to utilize a neighboring property's access point to connect to the public system. These easements are typically established to avoid undue hardship or deprivation of essential services. 3. Easements by Prescription: Easements by prescription may arise when a property owner consistently and openly uses another person's access point to the water and sewer system without formal permission. If such usage continues for a legally determined period (typically 20 years), an easement by prescription may be recognized by the courts. These easements aim to protect the rights of long-term users who may have established reliance on a specific access point. 4. Easements by Condemnation: Also known as eminent domain, easements by condemnation occur when the government exercises its authority to take private property for public use. In the context of water and sewer infrastructure, these easements are granted to acquire access to land necessary for constructing or maintaining water and sewer lines. Property owners are entitled to fair compensation for the easement's imposition on their property. It's important to note that the specific details and regulations related to Hawaii easements for water and sewer can vary depending on local ordinances, agreements, and the circumstances of each case. Property owners are encouraged to consult legal professionals and conduct thorough research to understand the implications of easements on their rights and responsibilities.