Utility Easements

Question:  “So, the easement was in the original document for the tract but not in the deed.  Absolving you for any and all responsibility for your statements – and completely off the record in a legal sense – would you hazard a guess that the easement is still legally valid anyway?  I found the “application for easement abandonment” paperwork for my county, but I’m wondering if that’s already happened somehow.  If you don’t or can’t answer, I’ll understand.  You guys were very helpful.  Thanks.”

Answer:  This matter was referred to me for further action.  While public utility easements may be outlined in the deed, sometimes they are not.  By way of general reference only, below are several links relating to public utility easements in your area.  As you know, the procedures for granting public utilities are established through state law and city and/or county ordinances.  Unless there is paperwork reflecting that a particular easement has been abandoned or vacated, the easement is likely valid.

If I am understanding correctly, you are interested in obtaining a copy of the Covenant of (Public Utility) Easement (the document that created the line shown on the map to which you are referring).

Please let me know and thank you for your inquiry.

Covenant of Easement application

Street and Easement Vacation procedures

Local statutes relating to easements

Procedures for utility companies

Thank you,
Jeannie B.
Client Services

Source: Question/Answer