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Easement and Right of Way For Electrical and Communication Lines and Facilities

State:
Multi-State
Control #:
US-OG-654
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Grantee has granted an Easement and Right of Way to Grantee, its successors and assigns, for an easement and right of way for overhead and underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits, and all necessary or desirable appurtenances.

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FAQ

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).

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.

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.

A transmission line usually is centered in the right-of-way. The width of a right-of-way depends on the voltage of the line and the height of the structures, but can be 75 to 150 feet or more depending on the type of facilities planned for or located on the right-of-way.

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.

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.

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.

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Easement and Right of Way For Electrical and Communication Lines and Facilities