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  1. #11
    Join Date
    Nov 2013
    Posts
    6,286

    Default Re: Realestate Easement

    Quote Quoting jk
    View Post
    I’ll grant it could be possible but it would be unusual and uncommon..
    It's not that uncommon or unusual. If a property owner grants an easement for ingress and egress, there are many times where a grant for the easement to be used for utilities. Or if, in this case, the utility easement was to serve several estates in the subdivision, there could be several dominant estates none of which is the utility.

    Since we don't know the facts here there is no need to argue about it.

  2. #12
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Realestate Easement

    Quote Quoting budwad
    View Post
    It's not that uncommon or unusual. If a property owner grants an easement for ingress and egress, there are many times where a grant for the easement to be used for utilities. Or if, in this case, the utility easement was to serve several estates in the subdivision, there could be several dominant estates none of which is the utility.

    Since we don't know the facts here there is no need to argue about it.
    actually the reason there is no reason to argue the point is because it is an irrelevant issue. Even if the landowner was the dominant tenant, altering the character of an easement is not allowed. That would mean the dominant tenants would have no right to dig a drainage ditch upon an easement granted for utilities.

    And bud, if you’ve ever seen a person that came into contact with any electrical service, especially given it could possibly exceed 10,000 volts, you would understand my concern with digging where there may be a danger of contact with electrical lines.

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