Easements

[K5lwq]

This is a interesting thing to think about. I have one for power on my land. They come from time to time to trim trees but that is about it.

They contract with a line company for the trimming so I have a thought you might try. If you keep the easement mowed I wonder if you could bill them for that. May just call them and say they need to mow the easement and see what they say. You then could say you will keep it mowed for x amount each year. Never know they may go for it. Lol

 

[dodge man]

Easements are USUALLY public record. It should be filed and that gives notice to any future buyers. As a land surveyor I might or might not catch an easement. I even put on my plat I might not uncover anything a current title search would find. It’s normally a title companies job to find easements affecting the property.

 

[Frankenkubota]

Powerline R/Ws are a great place for a Christmas tree plantation... just make sure they know you are doing it so that they don't come through and cut your trees. Other options are cattle, truck gardening, raising pigs, open air strip club-

Well, maybe not that last one.

Do you ever have raptors building nests in the pole structures? I saw a pole once which had two nests, one old and one new. The old one had so much grass and weeds growing in it that I'm sure the hawks were tending a vegetable garden...

I do like the open air strip club! When I drove cab strippers were the best customers!

Living in the bible belt I figured renting my easement out for pagan rituals might make a buck? I know a guy outside of Portland that makes his living that way.....meets lots of pagan witches also! I think 4 big celebrations a year?

If I keep hitting those 50kV transmission wires with my golf balls I might get a visit from dook power?

And yes, somebody is building nests on the poles. I see buzzards perching on them in the morning and when they spread their wings to warm up you can really see how big they are.

I would never do it but they fly so low I grabbed my crossbow the other day and got one in my sights.......

Not sure but I might could have got him!

 

[Slowpoke Slim]

That's what title insurance is for. Their attorney should have picked up on that before the sale. That's also why it's worthwhile to have a land survey done before building, as the easement probably would have been detected during deed research.

The only thing title insurance is good for is covering any issues with ownership (and who has the title) of the land. It has nothing to do with whether or not their is an easement through or on the land.

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."

 

[Jstpssng]

The only thing title insurance is good for is covering any issues with ownership (and who has the title) of the land. It has nothing to do with whether or not their is an easement through or on the land.

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 learn something here every day. Just a quick search turned up this;

What Is Title Insurance and What Does It Cover?​

...You shouldn’t expect protection from easements, property line disputes or zoning violations, either...

(From this site... the first which came up in my search)

What Is Title Insurance and What Does It Cover?

There is more to buying or selling a home than handing over the keys. You also have to deal with the home’s ownership rights—or property title. To buy or sell a home, the property title must be free of ownership disputes or past debts.

www.ownerly.com

 

[Boss 302]

I agree you should be receiving some sort of compensation, good luck and keep us posted.

 

[two_bit_score]

I've got 3 easements, 2 gas and one overhead power. Right now they are highways I use to transit my property. Love the suggestions.
Around here the utilities tend the easements once every 8 years. Next time they come by, I will likely follow up with some Christmas trees.

If the pipelines or overhead power companies give you permission to grow Christmas trees on their (and it is their) easements please let us know. That would be a big shift in their normal practices.

 

[two_bit_score]

First of all, I knew this going in and it ain't the end of the world but.......I do love to stir things up.

I'm trying to figure out a way to get on the gravy train. I'm too old for a govt job, I doubt I can have a child out of wedlock, and I have emotional issues, free $ would help.

Duke Power, I guess the biggest power co in the world?, has an easement on the edge of my property.

They have lots of $

There easement is almost 10% of my land and while they don't own it they control it and limit my ability to use it.

So I built a driving range under their wires.(don't tell them but. I would have done it anyway, wires or no wires.)

Seems to me I should be compensated for the easement. In the cellular business they first ask if they can erect a tower on your land and then pay you to do it.

I want my share....and maybe a little more

I realize you were at least half way joking but easements on real property is an interesting can of worms.

The following is not intended as legal advice. In Texas and many other states easements do not have to be recorded. That is why title companies and surveyors leave themselves an out regarding easements. They are normally on the hook if the easement was recorded and they just missed it. That is why the seller should also be held liable in the contract for guarantee and warranty of title to the property.

Getting an easement right from the very beginning is critical to the landowner and if the land you are buying is burdened with pipeline or other easements proceed with caution about what you are buying.

Here is a link to a good article and checklist on easements.

https://agrilife.org/texasaglaw/2014/06/24/pipeline-easement-negotiation-checklist/

But keep in mind that fact situations make a big difference and easement issues are constantly being litigated in Texas as well, I’m sure, in other states. Deal with a knowledgeable lawyer if you are approached by a pipeline company about an easement or if you are considering buying property burdened with an easement(s).

Know what it is you are buying and how it will affect the use and value of your property in the future. Easements can be there forever. I see people constantly buying property and paying premium prices for it even when it has been stripped of many rights (ie, minerals, water, etc) or burdened with easements and other limitations that should reduce the value of the property.

“None of the above is intended as nor constitutes legal advice and should not be relied on as such.”

 

[JK22]

I learn something here every day. Just a quick search turned up this;


(From this site... the first which came up in my search)

What Is Title Insurance and What Does It Cover?

There is more to buying or selling a home than handing over the keys. You also have to deal with the home’s ownership rights—or property title. To buy or sell a home, the property title must be free of ownership disputes or past debts.

www.ownerly.com

Not really true. Recorded easements are listed as “exceptions to title” meaning that title insurance will not insure against them, but they do give you notice that they exist in your title insurance commitment. If the title insurance company fails to identify a recorded easement, you can file a claim for the diminution in value.

 

[orezok]

Out here in the desert, almost all dirt roads are easements for future utilities and access. Most are single lane “cow paths” and many times the “roads” wander off the easement alignment due to terrain or other impediments. They are not maintained by the County. I have such easements on 2 sides (possibly 3) of my property.

My question is as these easements are used by people who live to the North of me, what liability do I have for use by others should they have an accident on a portion I maintain. The portion I maintain is within the easement.

I know this is a legal question, but I am just requesting opinions.

 

[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?