What happens if I deny a request for a utility easement?

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What happens if I deny a request for a utility easement?

My neighbors have built a new residential unit. A power pole owned by the electric company is planted in my backyard which supports overhead power lines to their original house. Because it is a new unit, city code apparently requires the power line to instead be placed underground now. My neighbors request we sign a utility easement that allows the line to be laid in a trench connecting the pole to their unit. I assume it will run down the exterior length of the pole and may allow easy access to high voltage for kids. Also, my home is currently in a trust with my parents. May I ask for compensation?

Asked on August 6, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your neighbors are questing that you sign a utility easement benefiting their property and burdening theirs, then most likely they do not have an easement over your property. If so, you do not have to sign anything that they request.

Easements are non-possessory interests in the land of another. There is one property that gest the benefit and another that gets the burden.

If you want to give your neighbor's an easement over your property, you should first consult with a real estate attorney about the ramifications of giving an easement before signing any easement grant.

You can ask for compensation for the easement requested and even condition its grant where your property can tie into the electrical power line to be buried in the future.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your neighbors are questing that you sign a utility easement benefiting their property and burdening theirs, then most likely they do not have an easement over your property. If so, you do not have to sign anything that they request.

Easements are non-possessory interests in the land of another. There is one property that gest the benefit and another that gets the burden.

If you want to give your neighbor's an easement over your property, you should first consult with a real estate attorney about the ramifications of giving an easement before signing any easement grant.

You can ask for compensation for the easement requested and even condition its grant where your property can tie into the electrical power line to be buried in the future.


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