Maine Utility Easement (Electric Lines) is a legal right granted to utility companies to use a specific portion of a property for installing, operating, and maintaining electric lines necessary to provide electricity to homes, businesses, and other infrastructures. It is crucial for property owners and potential buyers to understand the implications and scope of these easements. In Maine, there are different types of utility easements related to electric lines, each having specific characteristics and purposes. Some common types include: 1. Transmission Line Easement: This type of easement allows utility companies to install and maintain high-voltage transmission lines that carry electricity between power plants and substations. These lines are usually supported by large towers and traverse long distances, often crossing multiple properties. 2. Distribution Line Easement: This type of easement grants utility companies the right to install and maintain lower-voltage distribution lines that deliver electricity from substations to individual buildings within a specific area or community. These lines are typically supported by utility poles and are more localized compared to transmission lines. 3. Service Line Easement: A service line easement is granted to utility companies to install and maintain electric lines that directly connect a property's electrical meter to the distribution lines. It ensures the property receives electricity and allows for future maintenance or repairs without requiring the property owner's permission. 4. Overhead Easement: An overhead easement refers to electric lines that are installed above ground. It may include transmission, distribution, and service lines attached to utility poles or other supporting structures. Overhead easements are more common in rural areas with sparse population density. 5. Underground Easement: Unlike overhead easements, underground easements involve electric lines that are buried beneath the surface, typically within a dedicated utility easement area. Underground electric lines minimize visual impact and are commonly found in residential areas and urban centers. In Maine, property owners should be aware that granting a utility easement does not transfer ownership of the land but gives utility companies the legal rights to access, use, and maintain the designated area for electric lines. Landowners often retain the right to use the land for non-interfering purposes, such as gardening or recreation, as long as it does not hinder the utility's operations. It is crucial for property buyers or individuals planning to build on a property to review any existing utility easements, as they can limit certain activities or require the land to remain clear of structures or trees that could interfere with the electric lines. Understanding the nature and extent of utility easements is vital to avoid any future legal disputes and to ensure the safe and efficient delivery of electricity to the property.
Maine Utility Easement (Electric Lines)
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FAQ
An easement in gross is basically selling rights to the land to another person, but without giving them legal ownership. An easement appurtenant, on the other hand, is a permanent encumbrance (legal right) to the property.
Which of these must exist for an appurtenant easement to exist... Two adjacent parcels, different owners. An easement appurtenant must have two owners and two parcels of land. A landlocked parcel would require an easement by necessity, long time unauthorized usage would lead to an easement by prescription.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
An easement, at its most basic, provides certain rights to a person or group (the ?easement holder?) to use a piece of land that is owned by another (the ?burdened estate?). There are several different types of easements, they can be created in different ways, and they can be extinguished as well.
An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.
Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.
So, where the neighbors will not give permission, the law will allow the landlocked owner to bring a suit to obtain an easement by necessity - the right to cross the land for purposes of accessing the property (this doesn't include any other rights to use the land).
