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.
Oklahoma City Oklahoma Utility Easement
State:
Oklahoma
City:
Oklahoma City
Control #:
OK-EAS-1
Format:
Word;
Rich Text
Instant download
Description
This easement form, a Utility Easement, provides an easement for the purpose of constructing, operating, and replacing utility lines and appurtenances.
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FAQ
Yes, you can build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
So, a pool deck cannot go on an easement, but it can be adjacent to one in most cases. Usually, there are no distance requirements for an easement, but you should always check with your municipality's building inspector.
While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
In basic terms, a court-approved easement allows one party to use the property of another party within set limitations and without ever assigning any particular ownership over said property.
Easements allow a specific use of a part of a property by other people without the need for the registered land owner to share the property ownership with them. They have a right that not only ?burdens? the property but can be sold without the need for the owner's consent.
Upkeep of public rights of way is an obligation of the landowner and it is also important to keep the route visible and not obstruct or endanger users.
The Real Estate Management Division is responsible for easements within Commissioners of the Land Office designated land. The easements can be used for power lines, pipelines, roadways, communication lines and other linear capabilities. New easements are usually issued for a maximum term of 20 years.
Statutory Right-of-Way Widths Oklahoma has statutory R/W widths of 0', 33', 49.5' and 66'. There are other widths based off road sections removed from the State Highway System and given to counties, adverse possession (fence to fence widths) and new roadway construction where additional R/W was acquired.
Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
