Easement and Right of Way (For Electrical and Communication Lines and Faciliites)
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FAQ
An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan.
Express Grant by Instrument. An express grant by written instrument is the most common source of an easement. Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. Necessity. Dedication.
Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.
Utility easements are one of the most common types of easements for private property, which generally allow public utility companies access to the property for the purpose of installing, repairing and maintaining utility lines.
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).
An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.
The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.
An easement held by an electricity provider allows it to erect and maintain electric power equipment on your land. The easement gives the electric power company the right to use a property for this specific purpose only.
What is a right-of-way? It is a legal agreement that allows us access to the property directly beneath and to either side of an electric power line. Also called an easement, the right-of-way allows us to enter the property at any time, to perform maintenance or repairs to our equipment.