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In addition, the Eylers say the Darvishes' fence blocks off a utility easement that has existed for 70 years and had allowed the Eylers to have walking access to the lake.
Interchange also claimed that it lost convenient access for vehicles, a strip of right-of-way at the front of the property, a permanent utility easement that paralleled the right-of-way, and all five of the business's parking spaces.
As part of the first phase of development, the condominium developer granted a utility easement to BCWA in specified common areas for constructing, laying, repairing, maintaining and replacing "water pipelines and necessary and proper valves and other appliances" for use in connection with the transmission and distribution of water, and for subsequent construction, inspection and maintenance of the pipelines.
Utilities (including gas, cable, electric, water, and sewer) are connected to your property from a main somewhere in the roadway right of way or a utility easement to a service connection.
Surveyors are able to determine if the pipelines even have a utility easement and if the pipelines were installed in the easement.
(24) A common example of an in gross easement is a utility easement, where a company runs a pipeline across another's property.
"The court is convinced of the correctness of the latter construction, given the circumstances of the Settlement as a whole, which involved the Shusters granting to the DeMellos various concessions and other consideration - such as the DeMello Utility Easement, supra, and a payment of $6,000 - in exchange for the DeMellos dropping their Superior Court action which sought to enjoin the Shusters' subdivision proposal.
The city will retain a public utility easement on the alley so Simons cannot build on it.
Staff will negotiate with Small and if required, the Zitia Group, to establish a county road allowance or utility easement through the Arnie Small lands and a portion of the lands currently owned by Zitia to provide for a possible future road allowance and utility corridor to service the Sharp Road industrial lands.
Zeneski also asks that the town grant permanent access and a utility easement at the former police station at 450 Main St.
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