Can I Build A Driveway On A Utility Easement?

Can I refuse a utility easement?

Yes, you are entitled to adequate compensation for easement on property in NSW as outlined in section 88K of the Conveyancing Act.

It is important that you do not unreasonably refuse to give an easement, particularly if you have been offered adequate compensation..

Is it bad to have an easement on your property?

Utility easements generally don’t affect the value of a property unless it imposes tight restrictions on what the property owner may and may not do. … For example, beach access paths that are technically on private land, but have been used by the public for years, may be subject to such public easements.

What rights does an easement holder have?

A private easement is a property right to make a limited use of land by someone other than an owner. It cannot give exclusive possession, and must be for the benefit of other land (the dominant land).

How close can you build to a utility easement?

Utility easements are usually centered over the utility line, and are wide enough to allow the passage of maintenance equipment – often 10 or 15 feet wide. Here’s the kicker, however. Even though that storm sewer line is 20 feet deep, you can’t build anything in the easement above it.

Can anyone use a utility easement?

Utility easements are areas of land that are privately owned but can be used by utility companies for utility poles or underground lines. Easements exist to keep utility costs down for all members of the community.

Can you be forced to give an easement?

An easement is a request from either a public or private source to access your property for their benefit. … However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.

Can you put a gate across an easement?

The owner of the servient tenement must not interfere or obstruct the easement granted. However interference is not actionable unless it is material or substantial. Hence fencing the sides of a right of way or installing a gate across the right of way does not necessarily constitute an actionable interference.

How much does an easement devalue a property?

Common easements have NO impact on property value as property value is determined by the principle of “substitution”. If ALL of the lots have similar easements, then there is zero impact on value.

How do I get rid of an easement on my property?

Terminating easements by express release or agreement You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

Can you put a driveway on a utility easement?

An easement gives someone the right to use a section of land for a specific purpose even though they are not the owner of that land. … Generally not, as you can build under or over it if the work will not have a material interference with the easement.

Who is responsible for maintaining a driveway easement?

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don’t become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

How wide is a utility easement?

20 – 35 feetThe easement (also called right-of-way) is tied to land, no matter who owns it. In our case, it refers to a strip of land, usually 20 – 35 feet wide, for the township’s water mains and/or sanitary sewer mains to go through your property. The water or sewer main itself may only be a foot or two wide.