What is the definition of a Permanent Construction Easement?

Full question:

I am trying to find the exact meaning of Permanent Construction Easement. Specifically, can I construct a fence, flowerbeds, and similar things in that area. And, if the easement is called upon, who then has to pay for the replacement of those things?

  • Category: Real Property
  • Subcategory: Easements
  • Date:
  • State: Georgia

Answer:

A “Permanent Construction Easement” is typically used by a utility company when necessary to leave a pipeline or other facility in someone’s property for the life of the facility. These easements usually range from 20 to 40 feet. Such easements are sought only when the utility has no other options open for a new installation, such as city street right-of-ways, or when existing utilities preclude room for new ones.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Building on an easement is generally not allowed unless specified in the easement agreement. Easements are granted for specific uses, such as utility access, and constructing permanent structures can interfere with those rights. Always check the terms of the easement before proceeding with any construction.