Kentucky Utility Easement (Electric Lines)
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FAQ
An easement can be extinguished by the title owner's obstruction of the easement under the doctrine of adverse possession.
As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.
An easement is a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. They are typically granted by will, by deed or by a contract. An easement is created by the legal document which is expressed either by grant or deed.
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).
Section 177.106 - Definition - Highway encroachment prohibited without permit - Removal - Civil fines imposed and collected - Permissible use of fines (1) As used in this section, "encroachment" means any improvement to land including but not limited to buildings, fences, ditches, embankments, driveways, or signs, or ...
An easement for utilities, at least ten feet wide, shall be required along each side of a rear or side property line, or 20 feet wide across lots, wherever necessary to form a continuous right-of-way, at least 20 feet in width.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law.
