EASEMENTS AND RIGHT-OF-WAYS

 

What is an Easement?
An easement is an interest in real property that conveys use, but not ownership, of a portion of an owner’s property. Easements may be permitted for a specific portion of the property for many varied purposes. Governments, municipalities, and public utilities use easements to establish access, restrictions, and rights to property.

Private or Public Easement
A private easement is platted for private use only and is not an easement for public use. A public easement is platted and accepted for public use. Either a private or public easement, it is still owned by the property owner. The City of Prattville is granted access to public easements but does not own the easement area.

What You Need To Know
Easements may be legally complicated and require careful review. Before purchasing property or building on existing property, check to see if there are any easements on the parcel. Easements are recorded on your survey or plat that is on file at the county probate office. If you need specific answers on how an easement may affect your property and your rights as a property owner, you should contact the owner of the easements.

Types of Easements
There are many types of easements. Easements vary with the needs surrounding the property. Easements can be temporary if only conveyed for a limited period of time. Some of the most common easements include drainage easements, utility easements, and sewer easements. All three of these easements are common in the City of Prattville.

Most Common Easement
Drainage Easement

This is the most common easement for the residents of Prattville. Since most of Prattville is flat and water drainage is relatively slow, when it rains, the stormwater must run through drainage easements to reach a normal outlet. Easements are sized to allow access by heavy equipment when necessary. Any buildings or landscaping in these easements may result in an expense to the property owner should the city need to remove obstructions in order to utilize that legal access.

 

Call Before You Dig!

Every digging project requires a call to 811. Hitting an underground utility line while digging can harm the environment, cause serious personal injuries, disrupt service to an entire neighborhood and potentially incur fines and repair costs

 

Contact:

Chris Wood
Division Superintendent

Public Works

Hours:

  • 6:30 a.m. - 3:00 p.m.
 

Frequently Asked Questions

1Who is responsible for the mowing and maintenance of the easement?
The property owner is responsible for the mowing and maintenance of the easement.
2Can I build a structure or a fence within the easement?
No. Property owners have the right to use the land within the easement but cannot have an encroachment in the easement. Property owners must have prior written consent from the City to build or place any buildings, structures, fence, foundations, pavement or any other encroachment whatsoever that would prevent the City from the purpose of the easement.
3If I have an existing structure is it grandfathered in?
No. If an encroachment or obstruction has been placed within an easement when necessary we may access and remove them and shall not be responsible for any damages to the property within the easement .
4Why does my easement need to be accessible and free of encroachments and vegetation?
In the event of an emergency the City needs quick, safe and practical access to infrastructure. Also, to prevent tree and shrub roots from damaging sewer lines, concrete flumes, etc.