Call the utility provider if you want to know where any utility easements are on your property. Alternatively, go to the county land records office or city hall and request a map of the easement locations from a clerk. A property survey will also reveal the location of utility easements.
How do I find out if my property in Queensland has any easements?
Simply search for your property and turn on the ‘easements’ overlay to check if it is impacted by an easement (FOR FREE).
You’ll need to go to the titles office or a distributor like CITEC to receive the easement conditions (which could cost you up to $100 total).
Please contact our town planners if you require easements or would like to learn more about what an easement entails.
In Texas, what is a utility easement?
Utility easements run the length of every residential property in MUD 208, whether on the back, sides, or both.
An easement is a legal agreement that gives you permission to utilize someone else’s property for a certain purpose. A utility easement gives utilities like power, gas, water, sewer, drainage, telephone, and cable the right to utilize a property owner’s land for certain purposes like building, repairing, maintaining, operating, and managing utility systems.
The land on which the easement is located is owned by the property owner. Utility firms, on the other hand, have the right of way to enter that area in order to acquire access to the easement for certain utility reasons. To gain access to the easement, these companies have the authority to enter your private property.
When a platted development is approved by the city or county, utility easements are usually created by plat. A separate agreement between the property owner and the utility can also be used to construct utility easements. When land is subdivided, easements are usually found along streets, lot lines, or between two lots.
Easements are normally registered in the county where the land is located’s real property records. The title company managing your property transaction should have discovered the presence of a documented easement. If you discover utility wires or equipment on your property, you may assume there is an easement over a portion of it.
A utility easement restricts your ability to use the portion of your land that is within the easement in a variety of ways. For example, you are prohibited from erecting structures in the easement that might obstruct access to the easement’s utility facilities. Storage buildings, pools, patios, decks, spas, or other permanent constructions that are located in the easement block unrestricted access and must be removed. Vegetation, particularly trees, can obstruct access or cause harm to services lying beneath it, hence they should be avoided on easements.
*While working in the easement area, utility companies are under no responsibility to replace or repair structures or vegetation damaged/trees. Indeed, if a utility incurs higher costs as a result of the structure or vegetation/trees in the easement, the owner could be held accountable. In addition, if access to the easement is restricted or hindered, the property owner may be held financially accountable for building delays.
How can I locate easements on my Texas property?
- By knowledge of the sale and partial release of platted properties, the mortgagee is estopped to dispute or be presumed to have ratified the public easement, as reflected on the plat, at a foreclosure under a deed or trust made before the easement.
- The owner of the easement gets title to the servient estate, thus terminating the easement.
- Termination due to restrictions – the servient estate is taken over by a third party.
Abandonment and expiration are two other options for ending an easement. The easement expires if it is no longer used for the purpose for which it was granted. An easement that is intended to last for a specific period of time will expire at the end of the agreed-upon period.
The treatment of easements varies by state. Check state law if you need to secure an easement in Texas. If you can prove that you are landlocked, the commissioner’s court may grant you an easement. Alternatively, you might approach the landowner and request an express easement.
In any event, putting the easement’s rules, use, and purpose in writing will help you avoid a trespass or adverse possession action later on.
Victoria, how can I locate easements on my property?
Order a copy of your land title from Landata to find registered easements on your property.
In most circumstances, the land title has an Easements Information section that includes the following information:
- Yarra Valley Water, for example, is the competent authority (Land Benefited in Favor Of).
A property surveyor’s map with easement locations is frequently included in the title. They are most commonly seen at the property line, however they can be found everywhere on the property.
If you’re not sure how to read your property title, send an email to the Asset Management Drainage Team, who might be able to help.
View digital cadastral data online
The Queensland Globe provides access to cadastral data as well as more than 600 spatial data layers. Take the following steps:
- To see the cadastral data boundaries and land parcel details, zoom in to your region of interest.
Download digital cadastral data
- Property boundaries Queensland is a ‘lite’ version of the digital cadastral database that just shows the property borders’ minimum attribute data.
- Cadastral data Queensland by area of interest allows you to extract data by local government area, city or suburb (locality), or by moving your cursor over small areas.
- Cadastral data weekly entirety of State Queensland is a pre-packaged zip file that contains the whole state cadastre in GDB file format.
In Texas, can a property owner obstruct an easement?
Easements are unique in that they enable some persons access to land that they do not own. An easement on your property allows certain businesses, such as utility companies, to get access to your land in the event that it is needed. There are also easements that allow driveways to be built through someone’s land in order for them to obtain access to their home or other property. This is why it’s crucial to search for easements before buying a piece of property.
While some people are unconcerned about the legal position, others may find it aggravating. The majority of the time, a property owner cannot obstruct an easement that was already included in the deed. If the property owner tries to challenge the easement’s bounds, it’s a good idea to hire a reputable local company in Guadalupe County, TX to do a property survey.
Is it possible for a neighbor to obstruct a right of way?
Q We have a right of way over the garden path at the back of the house next door, which we use to put out our garbage. Our next-door neighbor padlocked a gate across the walkway and gave us the key. Is it possible for us to raise an objection to this?
In common law, any serious interference with a right of way is considered a nuisance. If the landowner (or “servient” owner) blocks the right, the owner of the right (known as the “dominant” owner) can seek an injunction and damages in court. The question is always whether the right can be exercised as easily as before, both practically and substantively.
