Working Together Through Easements: A Partnership That Powers Our Community
Delivering electricity to our members isn’t just about poles and wires—it’s about partnership and cooperation. Utility easements comprise one of the most essential elements of this cooperative partnership. A utility easement is a legal agreement that grants utilities the right to access and use a portion of private or public property for the installation and maintenance of essential services. Here’s what to know:
1. Utility Easements are Critical to the Grid
Utility easements allow providers to install and maintain infrastructure—such as power lines, underground cables, or equipment—without needing to renegotiate access every time work is required. When utility easements are in place, workers can respond to outages and perform routine maintenance quickly and safely. Unclear easements can delay service restoration, increase costs, and pose safety risks. This increases the reliability of your electricity, saves time and money, and allows the electric distribution system to operate equitably for all members.
2. Supports Infrastructure Development
Easements are critical for expanding or upgrading utility networks. Your Co-op always works with property owners to collaboratively design new construction or upgrades.
3. Protects Property Owners and Utilities
A formal easement clearly defines the rights and responsibilities of both the property owner and the utility, reducing the risk of misunderstandings or unauthorized use. Documented easements simplify real estate transactions by clarifying land use rights for future buyers, lenders, and developers.
4. Legal Compliance
New easements must be granted to extend electrical service. Granting utility easements is part of the cooperative spirit of membership and access to property is required as a responsibility of membership by Article IV, Section 1(A) of the Co-op’s bylaws.
5. Utility Easement Permanence
Property boundaries change frequently as parcels are resized, bought, developed, and sold – however, easements remain. This is because they “run with the land,” meaning they remain in place even when property is sold.
6. Prescriptive Utility Easements
These are created when a utility uses a portion of land for infrastructure without formal written permission, but does so openly, notoriously, continuously, and without permission for at least five years. Under Montana law, continuous, open, and unauthorized use of private land for utility infrastructure—lasting at least five years—may result in a legal right of access known as a prescriptive easement, even if no formal document was recorded.
7. Utility Easements Do Not Cloud Your Title
Utility easements generally do not cloud your title because they do not affect your ownership of your property. These easements are known and accepted encumbrances. They are not liens and do not represent financial claims or ownership disputes. Utility easements are not the same as other types of easements, such as a shared driveway situation with an access easement allowing a neighbor to cross your land.
