Easement may limit use of your property

Q I performed a title search in connection with a property that I am planning to purchase and one of the documents was entitled “Utility Easement.” What is this and should this impact my purchase?

A Utility easements are commonly discovered in a title search with respect to property. It is common for utility companies to have rights over certain areas of property belonging to others in order to construct, maintain and repair equipment with respect to providing utility services.

The rights belonging to the utility company and encumbering the property are described in a utility easement. Ownership of property is, in its essence, the possession of a bundle of rights granted by law and backed by the government.

This bundle of rights can be altered by many mechanisms. An easement is one such mechanism. An easement is an interest in land consisting of the right of one party to use another party’s real property for a limited purpose.

Any time one purchases property, one should perform a title search to discover what exactly one is purchasing. In respect to utility easements, a utility company has the right over your property for the limited purposes of providing utility services.

Each utility company that services the property may have an easement affecting the property. For example, electric companies will need to put in equipment on, under or above the property to provide electricity, including but not limited to cables and wires. Cable companies will need to provide the cables to the property to provide cable TV, voice and/or broadband service. Water companies need to install the pipes under the property to carry water to the property. Sewer companies will need to be able to carry sewage away from the property.

Thus, when performing a title search one will often find several utility easements. Each easement should be read fully in order to understand the scope of the rights that have been given to each respective utility company.

The easement may describe the physical boundaries of a strip of land over which the utility has access, and, in some cases, there may be temporal boundaries (i.e. easements of limited duration). If you plan to construct or use the property over which a utility has an easement, you should understand that your rights may be limited by the terms of the utility easement.

Generally, it is best practice to keep clear the easement area of the property you own or plan to own. This will avoid issues should the utility company damage any improvements you have made to the easement area. Liability for such damages may be discussed in the utility easement document.

If you have difficulty understanding the easements that affect property you own or plan to own, you may consider contacting a real estate attorney to assist in determining your rights.

Raghu R. Raju, attorney of Weinstock & Scavo P.C.; rraju@wslaw.net, www.wslaw.com. This column is designed to provide information in regard to the subject matter covered. It is not intended to render legal advice. Have a question you would like answered in this column? Please contact James J. Scavo c/o Weinstock & Scavo P.C., 3405 Piedmont Road, Suite 300, Atlanta, GA 30305.