In the case of an electric utility such as HEA, an easement includes the right of access over the easement area, the right to cut down or trim trees within the easement and the right to remove any obstructions within the easement area that interfere with construction or maintenance activities.
This includes the right to install facilities within an easement. Property owners will not locate permanent structures within the utility easement. Pavement, fences, shrubbery and gardens may occupy the easement area, but only at the property owner’s risk.
HEA will construct, own, operate and maintain distribution facilities on public or private property across which easements or rights-of-way satisfactory to HEA may be obtained without cost or within the public streets, road or highways in which it has legal rights to occupy without future relocation liability. As a condition of service, HEA may require the execution of an easement or easements providing suitable rights for the construction and maintenance of the distribution lines serving the consumer’s premises. HEA will enforce blanket or prescriptive right easements for the maintenance, replacement and upgrading of existing facilities, but will not enforce such easements for new service extensions for other members against the wishes of the property owner.