Can you put a driveway through a power line easement?

Question

We’re currently looking at 45 acres. A few acres off the road there is a power line easement running completely across the property dividing the land. My question is can we put a driveway through the easement to access the rest of the land. I know we can’t build anything on the easement. That’s not a problem as we want to utilize the back half of the property. Them using the easement to access the power lines isn’t a problem either. My main concern is if we’d be able to put up a driveway since going through the power lines is the only way to access the rest of the land. We do plan to establish an equine boarding facility on the back half of the property. What are the pros and cons to having power lines run through the first bit of your property and living that close to the lines? I’ve attached a picture of the property where you can see how the power lines run through the first bit. The property line does not touch wire rd so accessing it from there isn’t an option. We’ll have to access it from the hwy side.

Update:

I forgot to add the lines are above ground. We just found the property so we haven’t received further information on what all the easement entails yet.

Nuff Sed · Answer

I have put driveways and even public ways right through powerline easements with no legal difficulties at all.  The easement usually only gives the power company limited rights to enter, construct and maintain their lines and the vegetation around them, not any right to tell the owners what to do with the property.   It's not unthinkable that some easements refer to state laws or regulations that limit what sort of construction can be do under powerlines.

babyboomer1001 · Answer

Possibly a loose gravel driveway.  Certainly not tar or cement or anything solid.

Slickterp · Answer

If it doe snot infringe on their easement, then you are fine.

ibu guru · Answer

Consult a real estate attorney. The attorney needs to study the terms of the easement, state laws, local ordinances, and consider what's involved in constructing the driveway. E.g. for underground power, sewer, water, etc. lines, digging may be prohibited or require special permissions. Not knowing your state, local ordinances, the easement terms, etc, there is nobody who can help you but a qualified attorney with experience in property law.

Anonymous · Answer

i would think so.  this may be a wild idea, but how about contacting the utility to verify....you can have a gate, just not one with a lock...and it has to be big enough to get trucks through.

princess pounder · Answer

In almost all cases a driveway under powerlines is the right of the landowner. No gates though. And at least 12 ft of line height.

Anonymous · Answer

If they're above ground power lines it's probably not a problem to pave a driveway.

If there is any underground infrastructure, paving may not be an option.   Unpaved driveway is probably fine although they may have to disrupt it to access anything that might be under it.

Installing fence or gates that block access to the easement may not be allowed either.

How is the easement worded?

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Can you put a driveway through a power line easement?

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