A New Mexico Utility Easement refers to a legal right granted to a utility company or public service provider to install, operate, and maintain underground utilities and transformers on private property. It provides the utility company with the necessary access to perform essential services such as electrical power, water supply, sewage systems, or telecommunication networks. In New Mexico, there are two main types of utility easements commonly established: Underground Utility Easements and Transformer Easements. 1. Underground Utility Easements: Underground utility easements allow utility companies to install, maintain, and access various underground infrastructure, including electrical power lines, natural gas lines, water pipelines, and fiber optic cables. These easements ensure that utility companies can efficiently deliver essential services without disruption to property owners. Property owners are typically required to refrain from building any structures or planting trees or shrubs within the designated easement area to avoid damage to the utility infrastructure. 2. Transformer Easements: Transformer easements specifically pertain to the installation and maintenance of transformers on private property. Transformers are crucial components of electrical power distribution networks, stepping up or stepping down voltage levels to suit the residential, commercial, or industrial requirements of the area. These easements grant utility companies exclusive rights to install transformers and provide necessary access for maintenance and repairs. Utility easements, whether for underground infrastructure or transformers, are generally permanent and binding even if the property ownership changes. Property owners should be aware that although easements restrict their use of the designated area, they do not transfer ownership or imply secondary uses by the utility company. Utility easements in New Mexico are typically documented in legal agreements, known as utility easement deeds or utility right-of-way agreements, which outline the rights and responsibilities of both the utility company and the property owner. These agreements often include details about the type of utility infrastructure, the specific area covered by the easement, maintenance responsibilities, and any applicable compensation for property owners. Understanding utility easements is crucial for property owners to ensure that they are aware of their rights and obligations. While these easements may limit certain activities on the property, they play a vital role in ensuring the uninterrupted supply of essential services to communities across New Mexico.
New Mexico Utility Easement (Underground Utility and Transformer)
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FAQ
The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?
Utility easements include the right to maintain or work on the utility. Provided they're working only in the easement area, a utility company does not need permission to work on your property ? including digging in your yard.
Easements in New Mexico are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another ? they provide pedestrian and/or vehicular access.
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
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.
Right of Way Right of Way is responsible for acquisition of all necessary lands and improvements of all roads and highways.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
