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A public utility easement provides a public utility with: (i) the right to , maintain, operate, repair, remove, replace, or relocate public utility facilities; and. (ii) the rights of ingress and egress within the public utility easement for public utility employees, contractors, and agents.
In order to formally establish the easement as a property right, the owner would need to either enter an agreement with the owner of the property being used for the easement, or file an action in court to prove that the easement right has been established.
To establish a prescriptive easement, a person must show, ?by clear and convincing evidence,? Buckley v. Cox, 247 P. 2d 277, 279-80 (Utah 1952), that his ?use of another's land was open, continuous, and adverse under a claim of right for a period of twenty years.? Valcarce v.
Consents and/or easements for any utility, access road, etc. will be limited to a maximum of 20 feet in width within the FirstEnergy rights-of-way unless provisions are defined in the easements, deeds, etc.