Ok to bushhog a utility line ROW?

[plowhog]

if they need to get on the property, they will likely destroy much of it and you have no recourse.

The easements I am familiar with, in NV and CA, as well as applicable law, is the person using the easement is responsible to return the land into the same or better condition after their use. Once again, this could vary by region. But that is what I have seen.

 

[plowhog]

Basically, easements are long term leases

I'd rather call it a permanent encumbrance against the land. In the case of power lines, even if the lines are no longer used you would have to check the wording of the easement to learn if a) the utility would have to remove the poles and equipment, and b) whether the lack of continued use would invalidate the easement or not.

I'm splitting hairs in some cases-- admittedly-- just trying to emphasize the point that easements very by location and that is why it is so important to obtain and read the easement.

btw, I recently went back-and-forth with a utility company regarding their use of an easement to access my land. I'm a licensed RE broker in two states so you would think I could read the easement and know with certainty what it meant. Not so-- I had to bring my RE attorney in for a full understanding. It was mostly what I had believed, but also a little different.

 

[paulsharvey]

@Torvy just wait till we bring up unrecorded Easements, prescriptive Easements, right of way by maintenance, ect. Where you don't even knownit exists, and boom, someone had a 100% enforceable easement or takes ROW, that you had no way to know existed.

No idea where it stands now that our HOA was legally dissolved; but in the deeds, they retained rights to grant Easements ad needed on the outside 10 ft of your property line.

Even without Easements there are broad laws about rippean rights; and how must continue accepting water that historically flowed to your property.

 

[oosik]

My electric Co-Op hires a separate company to "clean up" the easements. They are really glad to move all the limbs - from quite a distance - onto the easement that crosses my driveway.

I go down with my Wallenstein and chip these limbs. Gives me lots of chips to spread on the driveway.

 

[John_Mc]

My electric Co-Op hires a separate company to "clean up" the easements. They are really glad to move all the limbs - from quite a distance - onto the easement that crosses my driveway.

I go down with my Wallenstein and chip these limbs. Gives me lots of chips to spread on the driveway.

You could probably put a stop to them hauling limbs from other properties to your place, if you wanted. Somehow, I doubt the terms of their easement allow them to use you as a dumping ground. (Unless you want that chip source?)

 

[paulsharvey]

I was thinking; because a easement is recorded on the host property (generally), what happens to the easement when it is no longer needed? This would apply to both utility and access easements. If a power company bought rights to 20 ft easement, and they aren't paying property tax on it; I wouldn't think they would want to just turn it over. It would be 'nice' if they had a clause where they were automatically vacated if unused for a period of time.

If your rear neighbor had an access easement across your property, and he buys another parcel that Does have direct access to the roadway; it would be good if that automatically triggered that easement across you going away. I also see the argument, if you paid for that easement right, you wouldn't want it going away.

 

[Jstpssng]

if you paid for that easement right, you wouldn't want it going away

I certainly wouldn't. Who knows what might happen down the road?