An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
A sewer easement in New Hampshire refers to a legal agreement between a property owner and a sewerage or utility company, granting them the right to access and maintain sewer lines on or under the property owner's land. It is crucial to understand the specifics of sewer easements to ensure compliance with regulations for property owners and municipalities. In New Hampshire, there are various types of sewer easements depending on the purpose and nature of the agreement. These may include: 1. Sanitary Sewer Easement: This type of easement allows a sewerage or utility company to construct, operate, or maintain sanitary sewer lines on the property. It ensures the efficient and safe removal of wastewater from homes, businesses, and public spaces. 2. Storm Sewer Easement: Storm sewer easements grant the right to construct, operate, and maintain storm sewers that manage excess rainwater runoff. These easements play a vital role in minimizing flooding and protecting properties from water damage during heavy rainfall or storms. 3. Combined Sewer Easement: In some areas, sewer systems may be designed as combined sewer systems, which carry both sanitary wastewater and stormwater runoff. Combined sewer easements permit the construction, operation, and maintenance of sewers serving both purposes. 4. Access Easement: Apart from the specific types mentioned above, access easements may also exist to provide sewer or utility companies with non-exclusive rights to access certain areas of a property in order to perform inspections, maintenance, repairs, or upgrades. Understanding the terms and conditions of a New Hampshire sewer easement is crucial as it grants third-party entities legal rights on private property. Property owners should review the agreement carefully and address any concerns before granting access. Conversely, municipalities and utility companies must ensure that sewer easements are accurately delineated, properly maintained, and compliant with local regulations to ensure the efficient management and functioning of sewage and stormwater systems. By recognizing the different types of New Hampshire sewer easements and their significance, property owners and municipalities can better navigate the legal framework surrounding sewer infrastructure and maintain a well-functioning and sustainable sewage management system.
