Section 458 - Easements or rights-of-way; installation of utility services1.Easements or rights-of-way established on or after January 1, 1990. The owner of an easement or right-of-way does not have the right by implication to install utility services on or under the easement or right-of-way if: A. The easement or right-of-way is originally established in a written instrument executed on or after January 1, 1990; and [1989, c. 149(NEW).]B. The instrument granting or reserving the easement or right-of-way does not expressly include the right to install utility services. [1989, c. 149(NEW).] [1989, c. 149(NEW).]
2.Definitions. As used in this section, the following terms have the following meanings. A. "Easement or right-of-way" means the right of a person to pass over the land of another person. [1989, c. 149(NEW).]B. "Utility services" includes facilities necessary for the transmission of electricity, gas, telephone communications, cable television, sewerage, water or similar services which are currently or may in the future become available. [1989, c. 149(NEW).] [1989, c. 149(NEW).]