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Understanding Utility Easements / Right of Way

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  • 05-20-2009, 10:32 PM
    matrixee
    Understanding Utility Easements / Right of Way
    State: Pennsylvania

    We recently bought our house in PA. It is a corner, pie shaped lot. On one of the street sides is a line of utility poles. Nowhere in the deed does it specifically mention what the utility easement / ROW is, allows, etc. Does anyone know where I can find out what "generic" agreement is granted to the utility if there is nothing specific in writing?

    Separately, can someone succinctly explain he difference between an easement and a right of way, so that at least I can understand what the utility likely has?

    If it matters, I am trying to figure out how close I would be allowed to build a fence or berm to the utility line. Obviously the fence would be short enough not to interfere with the actual line, and whatever is built will avoid the poles themselves, as the poles are within the legal ROW for the road by about 1 ft. I am fairly sure that the zoning law in my area says that I can put a fence on the property line if permissible (which in this case it is not, as the property line is the middle of the road).

    Thanks in advance,
    Eric
  • 05-21-2009, 06:42 AM
    mudpie
    Re: Understanding Utility Easements / Row
    An "easement" is an umbrella term. There are 4 types of easements: the right-of-way (easements of way), easements of support (pertaining to excavations), easements of "light and air", and rights pertaining to artificial waterways.

    Most likely the City has a public right of way for the road usually 60 feet on center. So if you measure 30 feet from the centerline to your property. That is the point where you can build a fence. You need to contact the Right of Way Department in the City to verify the size of the easement.

    The utility poles are most likely within the City's public right of way.
  • 05-21-2009, 06:47 AM
    bigcountrysg
    Re: Understanding Utility Easements / Row
    The power lines maybe with in the right of way of the street. There for no legal easement would be posted with in the deed or legal discription of the property.

    Also your property line actually is at the edge of the ROW for the road. So from there you would have to follow the zoning laws for your area.
  • 05-22-2009, 07:39 PM
    LandSurveyor
    Re: Understanding Utility Easements / Right of Way
    Quote:

    Nowhere in the deed does it specifically mention what the utility easement / ROW is,
    In some states, it is almost never in the deed but in another publicly recorded document, such as a plat. It may be a general public utility easement. You will need to find the plat which defines your lot.

    As for the specific meaning of "right of way" and "easement" I recommend that you just Google them.

    It sounds as if the poles are in the road ROW so that is not an issue. You will need to check with the township or borough government about setback requirements and fence regulations, as you may need a permit to do what you propose.
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