Contacts involving easements right of way

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Contacts involving easements right of way

I have a high powered electrical
wires running thru my property
the previous owner signed a
contract with the power company
I want to renegotiate the terms
of that contract can this be
done also can I charge them a
usage fee or roll for crossing
my property that is not part of
there contractual rights

Asked on March 8, 2017 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Is it an actual easement--something affecting the deed and which is on the deed--or just a contractual license to let them run their lines?
If it's an easement, then you can't renegotiate it: the easement affects and goes with the property and is not personal to the owner(s). When you bought the property, you would have bought it with the easement, subject to the easement, and you cannot renegotiate this any more than you can renegotiate the property's boundaries. If it was on your deed or title and is recorded with the county, you are stuck with it.
But if it was not an actual easement but was just a contract personally between the former owner and the utility giving them some rights, then you can deny them access or renegotiate: a contract is personal--it only binds the parties who sign it, unless another person specifically agrees to be bound under (e.g. "assume") it. If you did not agree to be bound under any personal contract between the former owner and the utility, this does not obligate you.
Take a copy of this alleged "contract" and also your deed and title report to a RE attorney: he or she can help confirm whether this was an easement or just a contractual license, advise you of your rights, and help you with any renegotiation, if applicable.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Is it an actual easement--something affecting the deed and which is on the deed--or just a contractual license to let them run their lines?
If it's an easement, then you can't renegotiate it: the easement affects and goes with the property and is not personal to the owner(s). When you bought the property, you would have bought it with the easement, subject to the easement, and you cannot renegotiate this any more than you can renegotiate the property's boundaries. If it was on your deed or title and is recorded with the county, you are stuck with it.
But if it was not an actual easement but was just a contract personally between the former owner and the utility giving them some rights, then you can deny them access or renegotiate: a contract is personal--it only binds the parties who sign it, unless another person specifically agrees to be bound under (e.g. "assume") it. If you did not agree to be bound under any personal contract between the former owner and the utility, this does not obligate you.
Take a copy of this alleged "contract" and also your deed and title report to a RE attorney: he or she can help confirm whether this was an easement or just a contractual license, advise you of your rights, and help you with any renegotiation, if applicable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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