A utility easement allows utility companies, government entities, or other specific parties to access and use a designated portion of private property for the purpose of installing, maintaining, or repairing essential public services. The property owner still owns the land in the easement and is responsible for its general maintenance. The easement does not grant ownership to the utility company; it only provides a legal right of access and use for a specific purpose.
Utility companies have the right to enter the property and public right-of-way to perform necessary work, even without seeking explicit permission for each visit, especially in emergencies. They are typically required to restore the property to its original state after work is completed, minimizing disruption.
Easements are commonly used for infrastructure such as:
- Electrical power lines (above or underground)
- Natural gas pipelines
- Water and sewer lines
- Telecommunications infrastructure (telephone, cable, fiber optic internet)
- Drainage systems
Restrictions on the Property Owner: To ensure clear access for maintenance and repairs, the property owner is generally restricted from certain activities within the easement area:
- No permanent structures: Building permanent structures like sheds, decks, swimming pools, or additions is typically prohibited.
- Limited landscaping: Planting large, deep-rooted trees or extensive landscaping that could interfere with utility lines or block access is often not allowed.
- No blocking access: The owner cannot block the utility company from accessing the easement area. If an obstruction is built, the company generally has the right to remove it.
Identifying Easements: To find out if a property has a utility easement, check your property deed, title insurance policy, or the subdivision plat map at the Miami County Recorders' Office.
Call Before You Dig: Property owners planning any digging or construction activity must contact the national Call 811 service before starting to have underground utility lines marked, which helps ensure safety and avoids damage.
Issues with Utility Companies: The utility company is responsible for any necessary repairs to the property due to their work. For questions, or if you feel repair needs have not been met, contact the if contact the Engineering Department at 937.339.9481.