Utility Easement HELP!

[FlyingRon]

We were just informed by legal counsel that this excludes utility easements, and that this statute does not apply to our situation. In his words, "a deed and a title are 2 very different things". Jeremy's attorney have him the go ahead to continue with our original plan, and the easement, whether recorded or not, stays with the land, not the owner. The electric co op confirmed that they have stacks of easements in their safe, up to 30 years old that have never been recorded. Our tree team is set to go this weekend and everyone is on the same page.

I don't think I'm going to approach neighbor A again, too much anxiety over the situation at this point. Im afraid I'd freak out if they said no again! Lol

I what deeds and titles are (and that statement is completely nonsensical in relationship to what we are talking from). 442.400 applies based on a previous section to any instrument that conveys or otherwise affects real estate and must be recorded (see section 380). An easement conveyance certainly DOES seem to qualify.

 

[Htwo]

I what deeds and titles are (and that statement is completely nonsensical in relationship to what we are talking from). 442.400 applies based on a previous section to any instrument that conveys or otherwise affects real estate and must be recorded (see section 380). An easement conveyance certainly DOES seem to qualify.

OK. Thank you for your input.

 

[OK-LL]

Most utility providers have a tarriff (or some similar document) which spells out the rights and responsibilities of the provider and the customer. Frequently the customer is required to provide easement to the utility where needed, and not always to benefit the customer's own property. Few utility companies rely on this to obtain easement because they don't want to be seen as a bully with a stick, but in a pinch they may convinced to do so. You may want to discuss this with your utility rep before denuding your property and bank account for service.

 

[Zigner]

How much money did you offer neighbor A?

 

[154NH773]

" Most utility providers have a tarriff (or some similar document) which spells out the rights and responsibilities of the provider and the customer. "

The tariff spelled out the regulations regarding the provider. A tariff would never require a customer to grant an easement to benefit another customer if the utility.

That being said, most utility written customer easements are usually filled with all kinds of rights to to utility, and many times contain rights to cross property of the grantor to give access to other customers of the utility.

You should always carefully examine any utility easement you are asked to grant. You can change the language.

In this case the OP said that no utility easement exists on the neighbor's property.

 

[154NH773]

Sorry, iPhone screwed up editing and can't change it. I hope you get the point.

 

[Htwo]

How much money did you offer neighbor A?

They were not interested in money. They're very well off, and just based on where we're building, our land, etc, they probably knew we could also afford to pay to have a new line brought in from miles away.

In this case the OP said that no utility easement exists on the neighbor's property.

Correct. We tried every which way to find an alternative. Alas, 2 weeks ago, we had a tree team come cut the 30' sections for the lines to come in from Jeremy's land. It was sad to see so many trees taken down, but it was truly our ONLY option. The Electric Co-op staked the ground and our lines should be going up any day.