Easement for Utilities, Streets - Subdivision - Idaho 2025

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Yes, you can refuse a utility easement, however you should be aware of any legal or financial implications of doing so. It may also be necessary to seek legal advice if the utility company takes legal action.
Generally, installing a fence on an easement requires permissions to ensure it does not unreasonably interfere with easement rights. For example, you might need permission from utility companies if their lines run through the easement.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if its interfering with telephone lines.
A good example of an easement is one that a utility company has for placing cables, pipes, or other equipment under or over the property to allow property owners to use their utilities. There are many types of easements, each affecting how you can use your space.
A utility easement is the same as an access easement, or any other easement, but instead of a neighbor getting the right to use a driveway, a utility company is generally getting the right to build and maintain a transmission line or pipeline.

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Easements can be temporary or permanent, and some may have specific conditions under which they can be terminated. Mutual Agreement: If all parties with rights to the easement agree to its termination, they can execute a written release or termination agreement. This is often the simplest way to remove an easement.
Appurtenant easements are attached to the property and transfer with the property ownership, benefiting both the property owner and the utility company. In contrast, in gross easements are tied to the utility company or governmental entity, independent of property ownership.
Public easement is the right of the public to use certain streets, highways, paths, or airspace, even though the areas are owned by others. In a public easement, the person who owns the land has to allow members of the public to access a defined area of his land for the reasons stated in the easement.

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