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One common scenario: you have an above-ground garden planted on an easement, covering the manhole to the sewer main. Before buying property, it's important to hire a real estate attorney to help you check if there's an easement on the property or do it yourself. Nature and Location of Any Surface Facilities. Building Fences on Easements. The Consequences of Having an Easement on Your Property. Likely you can find documents relating to your property, including easements. The person or entity who is allowed to do this is called the dominant estate; you are the servient estate. Easements usually lie there quietly, not affecting you for years or decades. Written Timetable for Construction. Storm drains, sanitary sewer mains, or natural gas lines frequently run through and under private property. Conservation Easements. If the previous owner had an easement with a neighbor stipulating that they could use a certain road to pass over their neighbors' land, once they sell the property to you, that may not automatically mean you too can use that road. Can You Build on a Property or Utility Easement. That's why knowing about the easements utility companies may have on your property will make sure you are not surprised. You build your own house on the front lot and sell the back lot.

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Shrubs are removed only in key areas. Easements 101: How they impact a land purchase | Mossy Oak. Workers regularly access this manhole, working around the plantings. Identification of Pipeline Company Contact. These easements (and others) are part of this strange world where the public, government agencies, and utility companies have access to your property, yet you still own the property. The landowner should make the pipeline company strictly liable for any and all damage caused by company's employees or the company's contractors.

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Identification of Stream Crossings. It would not be wise to put an above-ground hot tub or pool on an easement. This means that if the neighbor moves, you don't have to grant the same easement, or any easement at all, to the new owner. Building Hot Tubs and Pools on Easements. Gas pipeline easement rules. If there's an easement on the property, it's usually listed on your deed. Some companies offer prices based on linear rod, not linear foot. Allowing an owner to pass over a property to reach his land is an example of an appurtenant easement. Fences regularly get built along or across easements. The pipeline company typically pays the landowner in price per foot or per acre for farm land of the property that the pipeline passes. The documents received back from the title company will have your warranty deed and attachments.

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The price is based on the length of the easement. Offices are currently located in Alabama, Alaska, Arkansas, Colorado, Georgia, Illinois, Indiana, Iowa, Louisiana, Kansas, Kentucky, Mississippi, Missouri, Montana, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Wisconsin, and Wyoming. The servient property owner purchases the dominant property, thereby removing the easement. This will help the landowner maximize the property's future use. Then, when you decide to bump out your house, put on an addition, dig a pool, or erect a fence, you find out that you have a legal easement running through your property. Easements are legal designations that allow individuals or entities to use portions of your property (to build on or for physical access), even though you still own the land and technically have a right to build on it. It's important to know about property easements before you buy a house because you may find that you're stuck with an easement you don't want. There are utility easements that allow sewer and gas lines. The landowner should specify which kinds of ponds, lakes or tanks he or she can build on the easement area without the company's permission. Buying land with pipeline easement in louisiana. Types of Ponds, Lakes or Tanks That Can Cross Easement Area. Damage to the Residue.

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Most easement agreements offer a depth of thirty-six inches (36") underground. Some types of easements: Utility Easements (Below Ground). Make sure to get a warranty deed from the owner, as it must show any easements on the property. How Does an Easement Affect You and Your Property? | LegalZoom. Easement Area Access. First, he or she should restrict the company's ability to assign easements to third parties across the easement area. The landowner should be provided with a timetable for construction and installation.

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Whether an easement affects you and your property depends on what type of easement is on the land, how long it lasts, and whether it prevents you from doing what you want with your property. For more information about franchise opportunities or to find a qualified Mossy Oak Properties agent near you, call 1-866-667-2289 or go online and visit. For example, a common easement is one that a utility company has for placing cables, pipes, or other equipment under or over the property to allow property owners to use their utilities. Real estate law and easements are tricky, so hiring a real estate attorney is a good idea when trying to discover what hidden issues come with the property. Get a title company to do a title search of the property, which will uncover any easements and other burdens on the property. Buying land with pipeline easement vs. Property easements come in many shapes and forms. The company should provide the contact information of a pipeline company contact person to the landowner. The dominant estate owning the easement may need to access the easement.

Identification of Contractors. If so, to what extent can you build and will you ever be forced to tear down any of the items that you have built? The dominant easement holder gives up the easement by transferring the easement in a deed to the servient owner. Likewise, if the utility company has an easement to erect poles or power lines, your property value could take a nosedive. Deadend or Beach Easements. In some cases, one of you—not both—will own the driveway, but the other will have the right to the easement and use of the driveway to access their house. Obtain a survey of the property to see if there are any easements and where they're located. The landowner should make the easement agreement pertain to only a single pipeline. Determining Whether There's an Easement on Property. There are driveway easements that allow access to your property in the form of a short road or driveway. Therein lays the core issue. Such provisions often define abandonment as a minimum period of time when the pipeline is no longer being used. Above-ground hot tubs and pools are also subject to removal.

Landowners should require the identification of any independent or subcontractors that the company intends to use during construction. Restrictions on Activities Outside the Easement Area. In fact, Ohio model regulations require a minimum depth of 36"-48" depending on the type of soil involved. Your house's warranty deed should have an attachment that spells out the conditions of the easement.

First, there is the permanent pipeline easement. An easement in gross, on the other hand, is specific to a certain individual versus a property and is typically what utilities are classified under. There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk. For instance, if you truly do own your house and land in full, how can someone lay claim to your property in perpetuity? But due to a greater public good—much like eminent domain actions—you are required to give over part of your land in service of that good. Choose an Alternative Dispute Resolution Method. A typical scenario: you have a deep lot that you subdivide into two (front and back). An easement is a limited right to use the land of another for a specific purpose. Bushes, lawn, and other shallow-rooted shrubberies may be planted on easements. Electrical power lines or telephone lines also run over private property. What Is an Easement?

Third-Party Easements. Landowners should restrict all activities to the Easement Area and require written authorization before any company employees or personnel can venture outside that area. In-ground pools are more problematic, not only because they cannot easily be removed but because they may interfere with in-ground easements. Anything, from a house addition down to fences, shrubs, and children's playsets might need to be removed in this event. The landowner and company should agree on a method of dispute resolution in case disagreements arise at a later date. The landowner should try to limit the ability of the company's employees and representatives to access the easement area.

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