Digging near electric..& near dead!

   / Digging near electric..& near dead! #41  
Soundguy said:
Ditto.

We have a power line easement ( overhead lines ) that runs down one side of our property. Can't build withing 50' of the center of the easement.

Can't stand easements, too open for interpretation. All it takes is another yahoo to have another opinion at another time.

-Mike Z.
 
   / Digging near electric..& near dead! #43  
As with everything else an Easement and Right of Way have the same meaning but are some times different. Both give the grantee the right to use some portion of your land for what ever purpose you have granted the easement for.

Sometime when the term Right of way is used it can also mean that the property is sold to the grantee for a price and is no longer yours. In this case the new owner can do with it as he pleases. An example is a utility easement is granted to construct\maintain utility systems and can't be used for any other purpose and should it no longer be need by the utility company the land is still the grantor's property.

Whereas a Right of way that is sold to a utility is owned by the utility and can be sold to or used for any purpose that they want . Also when they no longer need the land for their use they can sell it to whom ever they wish for what ever purpose or just keep it.

Most Railroads were built on Right of ways thus the deeding over to various groups to make walking and bike riding tracks out of old rail lines.
 
   / Digging near electric..& near dead! #44  
riptides said:
Can't stand easements, too open for interpretation. All it takes is another yahoo to have another opinion at another time.

-Mike Z.

Yep... I see the power company 'flies' the lines at least once a month.. so.. I guess they aren't concerned raght at the moment about my leanto.

If they ever hassle me about it.. I'll chainsaw one side of it down.. or.. push it down with the laoder if it is too far gone by that time..

Soundguy
 
   / Digging near electric..& near dead! #45  
It seems to me the grantee always has all the rights and little if any responsibility to the grantor in almost if not all cases of easements and right of ways.
jsborn said:
As with everything else an Easement and Right of Way have the same meaning but are some times different. Both give the grantee the right to use some portion of your land for what ever purpose you have granted the easement for.

Sometime when the term Right of way is used it can also mean that the property is sold to the grantee for a price and is no longer yours. In this case the new owner can do with it as he pleases. An example is a utility easement is granted to construct\maintain utility systems and can't be used for any other purpose and should it no longer be need by the utility company the land is still the grantor's property.

Whereas a Right of way that is sold to a utility is owned by the utility and can be sold to or used for any purpose that they want . Also when they no longer need the land for their use they can sell it to whom ever they wish for what ever purpose or just keep it.

Most Railroads were built on Right of ways thus the deeding over to various groups to make walking and bike riding tracks out of old rail lines.
 
   / Digging near electric..& near dead! #46  
Soundguy said:
Yep... I see the power company 'flies' the lines at least once a month.. so.. I guess they aren't concerned raght at the moment about my leanto.

If they ever hassle me about it.. I'll chainsaw one side of it down.. or.. push it down with the laoder if it is too far gone by that time..

Soundguy


I wouldn't worry too much about that lean-to. Sounds like you've got transmission lines there being that they do flybys. And if something big enough (hurricane) ever did come along to warrant the power company needing that space your leanto occupies, I doubt it'll still be there anyway.

Anyways, I've always been taught that the easement is the document, the right-of-way is the actual land. And I'm typing this while drawing up my 5th easement of the day, woo hoo what fun! :rolleyes:
 

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