Easements

[2LaneCruzer]

Check with your attorney, and ask these questions. (1) If I do some negligent act, and it causes a wreck and someone is injured or killed, will I be liable? Do you know who owns the easement? Is it a county easement or some sort of public easement? (2) Could I somehow be construed as acting as an agent of the government, and might I have some governmental immunity and they would be liable? You might want to check with your insurance agent and make sure you are covered.

 

[orezok]

Check with your attorney, and ask these questions. (1) If I do some negligent act, and it causes a wreck and someone is injured or killed, will I be liable? Do you know who owns the easement? Is it a county easement or some sort of public easement? (2) Could I somehow be construed as acting as an agent of the government, and might I have some governmental immunity and they would be liable? You might want to check with your insurance agent and make sure you are covered.

The easements are recorded on the deed. Mine is 1/2 of a 60’ easement. Without checking I believe the County is the easement holder. Typically the easements are spaced every 1/4 to 1/2 mile. Some day 100 years from now this will be a housing project.

 

[Torvy]

In Texas, I own the land and I can do what I want on it as long as it does not prevent the utility from accessing the lines when needed. They only come out once every 8 years to clear. There are bigger wild pines in the easements right now than a Christmas tree would be. Worst case for me would be they cut down my trees. I suppose if I was dumb enough to plant trees near the actual lines, that might make it worse if the trees damaged the pipeline. Easement or no, it is my land and I'll be asking a jury for forgiveness before I ask a utility for permission. Recent caselaw has shifted away from the wild west attitude and leeway they gave utilities in Texas originally. Judges are limiting their ability to dictate on another's land unless they can show actual harm. I would be happy to be a test case for some up and coming lawyer!

 

[Torvy]

The easements are recorded on the deed. Mine is 1/2 of a 60’ easement. Without checking I believe the County is the easement holder. Typically the easements are spaced every 1/4 to 1/2 mile. Some day 100 years from now this will be a housing project.

That type of thing is 100% state by state.

 

[two_bit_score]

In Texas, I own the land and I can do what I want on it as long as it does not prevent the utility from accessing the lines when needed. They only come out once every 8 years to clear. There are bigger wild pines in the easements right now than a Christmas tree would be. Worst case for me would be they cut down my trees. I suppose if I was dumb enough to plant trees near the actual lines, that might make it worse if the trees damaged the pipeline. Easement or no, it is my land and I'll be asking a jury for forgiveness before I ask a utility for permission. Recent caselaw has shifted away from the wild west attitude and leeway they gave utilities in Texas originally. Judges are limiting their ability to dictate on another's land unless they can show actual harm. I would be happy to be a test case for some up and coming lawyer!

Shifting how? Any cases? Are you looking for a lawyer to “learn while he earns“ on your dime or were you hoping for a freebie?

 

[oosik]

My father bought this 80 acres from the original homesteader in 1939. It was a mile west of the county road and land locked. Then in 1956 he purchased an easement - 30' by one mile. From the county road to the SE corner of the 80 acres. This is where I had the driveway built.

The electric utility took a couple days to check and see that this easement was properly recorded. It was, as I had indicated, and they then gladly ran power into my property. I knew it was recorded because I have a certified copy of the recording.

My father was a stickler for checking things out. He researched the title on this property. Clear back to 1892 when the Fed Gov gave this property as part of a land grant. I have a fairly fat file on all the "goings-on" regarding this land.

 

[Oaktree]

Title insurance co. : "Did the seller have legal title to the land they sold you?"

Buyer: "Yes"

Title Insurance Co. : "Cool, we're done here."

I get that this was mostly a joke, but many years ago I dated someone who was a paralegal for a firm that did a lot of real estate law, and she let on that generally it was assumed that the "last guy" did it right, and so only a cursory search is usually done.

She offered to do a check on my property, and I'm glad she did...she found that the seller of an adjoining piece I'd bought separately had never released the lien. While it was kind of a PITA to clear up (the lady I'd bought the land from was by this point deceased), it would have been much more of one when I sold it.

Supposedly there was an easement on that piece for access to a piece of property behind me (why, I'm not sure since it had frontage). There was no mention of it in either my nor the other owner's deeds...maybe had been some sort of handshake deal decades ago?