Utility Easements

This is a discussion on Utility Easements within the Construction & Renovation forum, part of the REAL ESTATE & PROPERTY LAW category; Can a landowner sue a subdivision developer if the subdivision developer accesses the utility easement on the landowners property? Can ...

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Old Jul 5th, 2008, 12:15 PM   #1
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Question Utility Easements

Can a landowner sue a subdivision developer if the subdivision developer
accesses the utility easement on the landowners property? Can the city sue
the subdivision developer for fraud against a municipality? Finally can the
adjacent propery owner of utility easement sue the subdivision developer for
trespassing and damges from acessing the utility easement? What laws apply
in these cases?
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Old Jul 7th, 2008, 09:57 AM   #2
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Default Re: Utility Easements

All of those can occur if the suing party was actually damaged due to the actions of the defendant, and assuming the rights at issue belong to the party that is suing (or are for his/her benefit).

What briefly actually happened?
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Old Jul 7th, 2008, 11:04 AM   #3
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Default Re: Utility Easements

Your warranty deed should stipulate, I believe it is called, right of egress, basically easements.

States usually legislate a broad definition. In this state a property may not be sold with less than 100 feet frontage. The exeception is except where access is gained from a municipal public thorougfare.

Public utilities may take an easement on any single boundary. Once an easement is taken, no future easement can disect the property. If an easement is on the frontage, the utility must maintain access for the property. (ex. public sidewalk )

Property owners rights were defined during the advent of the railroad and have been eroded since, on the prinicipal of "The Public Good".

Again, your warranty deed should be the definition of what rights others have on your property. The fact you disagree may not be cause for action.
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