Yes and if the parcel in question does not have an easement recorded there is no easement. Sometimes best not to know.
From: Brian Webster Sent: Wednesday, January 15, 2020 1:01 PM To: 'AnimalFarm Microwave Users Group' Subject: Re: [AFMUG] Utility Easement over private property Somewhere there should be a recorded written document that is attached to the property history for the parcel. Maps do not cover the written legal description and details. There are many types of easements. Nothing of the public rules for easements apply on private land. The easement should read similarly to a deed or right of way access document. That written document and the specific legal language will define the rights you may or may not have. Existing ROW laws and such do not apply so trying to determine that based on public rights of ways use will not have any legal binding over this private land. Same disclaimer about me not being a lawyer apply. Thank you, Brian Webster www.wirelessmapping.com From: AF [mailto:af-boun...@af.afmug.com] On Behalf Of Erich Kaiser Sent: Wednesday, January 15, 2020 2:17 PM To: AnimalFarm Microwave Users Group Subject: Re: [AFMUG] Utility Easement over private property On Wed, Jan 15, 2020 at 1:01 PM Brian Webster <i...@wirelessmapping.com> wrote: You have to check the easement terms the utility company has over said property. If it is worded such that they only have it for their company and their specific utility use then you need your own. If it has more general wording that it includes communications/telephone easement as well then you should be ok. I am not a lawyer however and did not stay at a Holiday Inn Express last night. Thank you, Brian Webster www.wirelessmapping.com From: AF [mailto:af-boun...@af.afmug.com] On Behalf Of Erich Kaiser Sent: Wednesday, January 15, 2020 1:49 PM To: AnimalFarm Microwave Users Group Subject: [AFMUG] Utility Easement over private property So we have run into a situation where our aerial fiber (Put in from previous ownership) is over a utility easement over private property, do we need to have some type of agreement with land owner or is this considered a Public ROW? Its zoned as an easement and citys water lines run through it as well. -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com -------------------------------------------------------------------------------- -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com
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