Easement Question for UBE Forum
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Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
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Calbears123
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Easement Question for UBE
Are easements given to utility companies appurtenant or in gross? I'm thinking in gross because there is no dominant tenement? Also, I know that generally an easement in gross are not transferable (commercial exception), but if the owner of the servient tenement conveys their land does the new buy take subject to the easement in gross unless they are a BFP without notice (same rules as appurtenant easements).
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b290
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Re: Easement Question for UBE
Utility easements are easements in gross. Only the utility company would have this right, and traditionally this easement was non-transferrable, although there’s - as you’ve mentioned - the commercial exception.
With the nature of what utility companies do, the new buyer will take the property subject to that easement because there’s no way that buyer wouldn’t get notice of some kind (hence why such questions usually involve brand new subdivisions).
Illustration:
Homeowner conveys to ACME Water Company the right to lay down (and maintain) pipes on specified portion size of Land = easement in gross
Homeowner conveys to ACME Water Company, as owners of 123 Main Street, Anywhere, USA, the right to lay down (and maintain) pipes on portions of Land as specified in deed
or
ACME Water Company, as owner of 123 Main St, Anywhere USA, conveys Land to Homeowner, but reserves the right to lay down (and maintain) pipes on portions of Land specified in the deed = easement appurtenant
Note that if ACME Water sells 123 Main St., the new owners of the Main St property now have the same rights as ACME did.
I hope that helps.
My $.02
With the nature of what utility companies do, the new buyer will take the property subject to that easement because there’s no way that buyer wouldn’t get notice of some kind (hence why such questions usually involve brand new subdivisions).
Illustration:
Homeowner conveys to ACME Water Company the right to lay down (and maintain) pipes on specified portion size of Land = easement in gross
Homeowner conveys to ACME Water Company, as owners of 123 Main Street, Anywhere, USA, the right to lay down (and maintain) pipes on portions of Land as specified in deed
or
ACME Water Company, as owner of 123 Main St, Anywhere USA, conveys Land to Homeowner, but reserves the right to lay down (and maintain) pipes on portions of Land specified in the deed = easement appurtenant
Note that if ACME Water sells 123 Main St., the new owners of the Main St property now have the same rights as ACME did.
I hope that helps.
My $.02
