Your spouse fondly remembers the tree line that marked the rear of your property. That was one of the reasons you bought it—it provided great aesthetics and decent shade to your backyard. And then, all of a sudden, he came home from work one day to find the trees completely topped off. They don’t even look like Dr. Seuss trees. They look like flat-topped chalices. You’re both devastated. Not only is your shade ruined, but it now looks horrible! You pull the paperwork from your closing to see if there isn’t something you can do about this.
As you’ve likely guessed, the utility company (let’s use DTE as an example) has cut those trees in half to service its lines which extend overhead. It can do so because it has a valid, recorded easement in the chain of title for your property. Utility easements are legal rights that allow utility companies to access and use a portion of private property for specific purposes, such as installing, maintaining, or repairing utility lines (electric, gas, water, sewer, telecommunications, etc.).
As you know from this series, an easement is a legal right to use a portion of someone else’s property for a designated purpose. They’re often granted expressly by the property owner, through deeds or contracts. As we’ve written, they must be written, recorded with the county register of deeds, and clearly describe the property that is subject to the easement.
Last week we discussed prescriptive easements, which are not expressly given by the property owner. They are created by the open, notorious, continuous, and adverse use of the property for at least 15 years. It is possible that a utility company could claim prescriptive easement, but it’s much more likely to be expressly given and recorded. The original owner or developer of the property likely granted the easement(s) to one or more utility companies, who in turn recorded them. The title insurance you obtained when you purchased the property had an exception for utility easements. You took title to the property subject to them, and they’re usually permanent, or they last as long as the utility does.
In their purest sense, utility easements ensure that utility companies can maintain essential services without needing to negotiate for access every time. Companies typically have the right to access, install, and maintain utility lines. This can include tree trimming and excavation. Property owners cannot deny access or obstruct the area.
Imagine if DTE knocked on your door to ask permission before it lopped off those trees. If you said no, DTE could have said fine—good luck powering up your house with no electricity. With an easement in place, they can go right to the chain saws. (I do believe that DTE claims to inform homeowners in advance that they are going to be doing this work, but I know firsthand that the timing, scope, and extent of the work is not always provided.)
It’s critical for property owners to understand existing easements on their land, as they can affect property use and value. If disputes arise over the use of easements, including what constitutes reasonable use or access, that’s when the attorneys of Dalton & Tomich will be able to help. If you’re navigating an easement issue, contact us today.
