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Easement removal?

Figured this was the best section...

Has any dealt with removing a utility company easement?

I'm looking at land, the high tension power lines were recently removed and relocated but there is still an easement on the deed...

Of course this would be a prime area to build.

My senses tell me to stay away but the location is excellent, the views are awesome and the timber value is nothing to ignore...
Several ways to do it, adverse possession is one of the easiest if the utility has not maintained the easement for 10 years (at least in IA).

Read here for other ways it can be done. https://chambers.com/articles/setting-the-law-straight-on-terminating-easements

In Iowa, if a pipeline is abandoned for 5 years, the easement is done. Look into the state laws for the state the property is located, it might be quite easily done and recorded on a deed.
 
Several ways to do it, adverse possession is one of the easiest if the utility has not maintained the easement for 10 years (at least in IA).

Read here for other ways it can be done. https://chambers.com/articles/setting-the-law-straight-on-terminating-easements

In Iowa, if a pipeline is abandoned for 5 years, the easement is done. Look into the state laws for the state the property is located, it might be quite easily done and recorded on a deed.
There was recently a case in Vermont where an individual searched through old records of a long defunct railroad. The railroad had last operated the line in question more than 100 years ago. The railroad had gone out of business and was purchased by a string of other companies. It passed through so many transactions that even the company believed to be in ownership of the rights to the right of way were completely unaware of it. The individual offered a small sum of $30,000. to buy the old right of way (about 2.5 miles). The company accepted the offer. Why not? They did not even know they owned it. The individual began clearing the right of way. The abutting land owners now became aware, for the first time, of the right of way. (I am using the term "right of way" but that may be incorrect. Stay tuned)

The right of way passed through quite a few small properties that had been subdivided in the recent decades. These deeds made no mention of a right of way. I don't believe any of the properties showed the existence of the right of way. There were many conflicting records about the right of way. The right of way itself was quite messy because the width of the right of way varied greatly, often for only very short distances. It passed by many very expensive homes, crossed driveways, and even passed between a home and their detached garage. About the only thing it did not do was pass through a structure.

Eventually this case landed in front of a judge. A mountain of conflicting and often vague information was presented. There was compelling evidence both for, and against, the existence of the right of way. Keep in mind, there had been no activity, maintenance or anything on this right of way for over 100 years. It had been completely forgotten. The judge ruled the right of way was still valid, despite having been forgotten, and despite the property owners having deeds that showed nothing about a right of way. Driveways and roads had been constructed across the right of way, and many properties were bisected. One home found the right of way to cross their driveway and pass by the front door of the home by about 15 feet!

The judge also stated that his decision to uphold the right of ways' existence was, in part, because no structures had ever been built within the right of way. Oh wait, that is not all. I have been using the term "right of way". Well, the judge also stated, the land within the right of way was NOT owned by the land owners whose property was bisected by it. The land is owned by the individual who purchased the right of way! I am not clear on exactly why.

So the individual was now free to resume work on his property. He cleared and stumped the land, spread gravel on it and made it into a walking trail. Then he offered to sell it to the town for about 2.4 million dollars! The town pondered this offer for a long time. When it looked like the deal would not go through the individual threatened to begin "development" of the land. No idea what that could mean because the land was too narrow, even at its widest point, to meet setback requirements, so it seemed to be quite useless. Eventually the town accepted the offer and purchased the land!!!

The fact that no structure had ever been built in the right of way seemed to be a significant factor in the judge's decision.
 
Usually with improvements and adding fencing around the property along with the "notorious" claim for 10 years, adverse possession usually wins in this state. I was once sued in a case where a neighbor claimed he had lived alongside longer than 10 years and that he had walked upon the property and mowed it, thus claiming adverse possession. He lost of course because he couldn't prove he had sole use.

Each one of those property owners should have sued claiming adverse possession. The legal cost for the "smart ass" would have increased quite significantly and he would have been forced to just give up. Well, at least in this state. Vermont may handle adverse possession differently. The other one that gets some of these "people of fortune" is to have the township trustees enforce line fence laws, the "property owner" would have had to erect one half of line fence on every piece abutting a different neighbor or it might be state law that on a right of way the owner of the right of way has to erect a fence along the whole length on both sides.

Back in the 70's and 80's, the railroads abandoned many lines to small towns and the rails were pulled up. Some of that land was acquired by the adjoining property owner, some by the counties. Some of those public owned right of ways are now bike trails, I ride many of them. At the time of the abandonments, the state made sure to pass legislation on the legalities of right of way abandonment.
 
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