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the county were my water line will be has stated that the county road doesn't have a right-a-way or easement, and they have suggested that I contact the neighbor to get permission to run my water line on his property . (b) No right or duty in favor of or against a holder and no right in favor of a person Estates, Forms A prescriptive easement is an implied easement that may be established even without the permission of the landowner. Alabama Power is one of the most respected companies in Alabama. When you buy property, there might be a nearby landowner or business that needs access to portions of your land. Regretfully you are talking about 2 separate issues: 1) access or ingress and egress, and 2) running utility lines That one has an easement for access does NOT mean that they have the ability to run utility lines. Theft, Personal My Account, Forms in The public purpose advanced by 23 of the Alabama Constitution, which 18-3-1 was enacted to implement, was adequately stated in Steele v. County Commissioners: For the foregoing reasons, the judgment is reversed and the case is remanded for further proceedings consistent with this opinion. She has it recorded at the county clerk's office. Title 23. conveyed, recorded, assigned, released, modified, terminated, or otherwise altered Conservation easements occur when a landowner agrees with a land trust or government agency to limit the use of the property, for land or historic preservation. How a Driveway Easement Works - Law Offices of Albert Goodwin It can also be implied as necessary without any written action. If someone buys an easement on your land at a later date, a real estate appraiser conducts a valuation of the property. Before purchasing land or erecting Forms, Independent Thank you so much!! Currently working on the T'SMART mapping project to map all Transmission easements and permits for Alabama Power across the . Planning Pack, Home Generally, you can build on easements as long as the building doesn't interfere with the purpose of the easement.