Using and electrical easment

donsgal · #1 05/08/07, 06:52 PM

We have a 60' wide electrical easment through our property where a main line crosses. The area underneath has been nicely cleared and is reasonably flat (for the Ozarks) and gets sun a least 8 hours a day. I'd love to plant some things there to take advantage of the sun. Dh says that it probably would be ok, since it is still our land, but if the electric company wants to come in to maintain their poles or wires, they would not think twice about driving over and destroying anything in their path.

I'm willing to take that chance! Does anybody here have a power easement that they have planted stuff in? I'd be curious to hear how it worked out for you. Or any other comments about this. Do you think it is a good idea or not?

donsgal

morrowsmowers · #2 05/08/07, 06:55 PM

We looked at a property here in NJ with an ATT easement through it. The realtor told us we would own the property but they had rights to access it at any time. They even had a locked gate where it met the road and markers every so often along the cable route. The way he explained it, we would own it and pay taxes on it but not be able to use it for anything -- we took a pass on that deal (not just due to the easements).

Ken in Glassboro, NJ

Wolf mom · #3 05/08/07, 07:12 PM

Had a city property with an electrical easment on the back side for about 13 years. Planted lots of bushes & flowers in it & never had the electric company come by.
I'd do it again.

Make sure you wear your tinfoiil hat to keep the electrical charges away.

LagoVistaFarm · #4 05/08/07, 07:25 PM

It's perfectly legal to plant crops here (California) in the electrical easement. If they need to get to a pole they can do some damage, but they really don't go around looking to destroy things unnecessarily.

Fire-Man · #5 05/08/07, 07:33 PM

Quote:

Originally Posted by donsgal

We have a 60' wide electrical easment through our property where a main line crosses. The area underneath has been nicely cleared and is reasonably flat (for the Ozarks) and gets sun a least 8 hours a day. I'd love to plant some things there to take advantage of the sun. Dh says that it probably would be ok, since it is still our land, but if the electric company wants to come in to maintain their poles or wires, they would not think twice about driving over and destroying anything in their path.

I'm willing to take that chance! Does anybody here have a power easement that they have planted stuff in? I'd be curious to hear how it worked out for you. Or any other comments about this. Do you think it is a good idea or not?

donsgal

There are So Many Gardens in My County that are planted under the lines---Go For It----Just leave room on each side so they can drive by if needed. Randy

MELOC · #6 05/08/07, 07:37 PM

there is a natural gas pipeline running across a corner of this property. i have never used it, but i have considered it. the way i understand it i cannot build any structures or plant any trees. if i use it for growing anything else, i need to be prepared to live with any damage they cause.

Junkmanme · #7 05/08/07, 07:37 PM

I built my "hoophouse" greenhouse at the rear of my place in the electrical easement beneath the power lines. I figured it didn't matter much since the Power Company always accesses that area from an adjoining property. (The neighbors on both sides of me have fenced in their portion of the easement.....therefore it is unusable for access.)

Certainly, if the Power Company desired to do so, they could tear out the greenhouse and the neighbor's fences, etc. to get access through the easement. They could "probably" require that I tear it out myself! I don't know and I don't care because I don't believe the issue will ever come up.

(This Rural Electric Association BARELY maintains their old lines.....it's unlikely they'll be doing much work "upgrading" unless absolutely forced to.)

Assess your personal situation regarding the easement, then make your decision. (I think you'll go ahead and plant your garden there.)

Best Regards,

Bruce

poorboy · #8 05/08/07, 08:41 PM

light poles have to be replaced occasionally,so you should leave them a easy path to the poles, my electrical easement is in grass. The electric company needed to get in last yr. so they came around to the house and went through the gate to get into the pasture where the lines are. Our coop people are very easy to get along with. If you are cooperative they are very accomodating...:-)

Junkmanme · #9 05/08/07, 08:49 PM

poorboy,

I'd GLADLY swap electric co-ops with ya! Ours tends toward snotty, don't maintain things much, and continually raise rates. Rates went up again the first of the year...12%

Junkmanme

farminghandyman · #10 05/08/07, 09:36 PM

we farm under the wires all the time,
we have only done this for about, 50 years, ever since they installed them.

Old Vet · #11 05/08/07, 10:32 PM

I have an easment on my property. Just leave enough room to get to he poles. That way they will not tear up anything if they come in. I have Energy and have delt with co-opes before and they will respect your property if you give them a chance. If you get nasty with them they will do what ever they need to do and not give you the time of the day.

EDDIE BUCK · #12 05/08/07, 11:58 PM

I agree with those that have had no problems with EC,S. Around here all farmers and gardeners plant under lines everywhere. All the electric companies here go out of there way to be courteous. I as another has said, would leave them at least room for a tractor or truck to get by to be courteous to them.

Corky · #13 05/09/07, 06:46 AM

It depends on how much you think they might access it.

My DH told them the property to the south of us, and the end of the electric line, might be built on again. The trailer house was moved from there and the owner said he would NOT let anyone back in there.
The reason DH did this is so they would clear all the way to the end and we would have the new pasture we wanted cleared for us.
We had it fenced, with a gate for access. Great new pasture and they will be very happy that we are keeping the area cleared.

The only reason they would come in there is to re-clear it.
They may have to take down spreading upper tree branches if someone does buy that property but we don't look for that to happen in our lifetime.

We did ask first. They thought it was a great idea. Helps both of us.
They did say that they might have to take down the fence that crosses it but they also have to put it back up if they do.

lgslgs · #14 05/09/07, 08:00 AM

We have high voltage electric (AEP Power Company) crossing the land. The power company used to spray the area, but when we moved in we called them and told them we'd be keeping the brush clear ourselves. They've been great about not spraying on our land and the goats now keep the area under the lines nice and clear.

A few years ago they brought in the big 60 ft. helicopter chain saw to trim all of the big trees that line the power line easement in this part of the state. We were out on the land walking our calf on a halter at the time so they turned back from our land, sent folks to the house to let us know what was going on, and actually rescheduled the trimming until the following morning. We really appreciate them being safe and alert - and being willing to incur extra cost on their part to make sure people and calf were safely away from the work zone.

They also came onto the land and moved all of the big branches off of our paths - stacking them off to the side for the goats to eat.

The only negatives for us with the easement is that in very windy weather we avoid spending time directly under the lines, and we occasionally have a bit of airplane traffic as they check the easement for overgrowth and for homeland security related checks. And a few of the oaks that line the easement have rather funky haircuts.

Lynda

texican · #15 05/09/07, 10:44 AM

I've got one of the easements on my property, as well as pipelines. The power people only come through every couple of years to mow down trees. If I keep the trees mowed/eaten down, they never visit. They do regular inspections by helicopter.

I'd do a soil test of some sort, before planting human food crops, because they might have sprayed chemicals on the easement in the past. I've scolded, and threatened the helicopter pilots in the past, for attempting to spray on my place. The local heli company won't even get near my place anymore.

fantasymaker · #16 05/09/07, 11:48 AM

READ YOUR EASMENT DEED!
In most they have the right to acess it for maintance butnot to destroy anything .Most are pretty reasonable about it. Why not ask themIF they have any plans for it in the future and mention wha you have in mind.

Mike in Ohio · #17 05/09/07, 12:30 PM

fantasymaker is correct. Read your titlework. You will find that easements vary in what is allowed/disallowed by the easement holder.

Mike

citilivin · #18 05/09/07, 05:33 PM

I agree with fantasymaker. Look in your title report and get a copy of the specific deed regarding the easement. The words of the easement will state what the easement can be used for. If the deed is not clear, just call the utility company. Ask to speak with department that handles easements. Some companies are much more flexable on what they allow. Even though you retain the property rights you do not have full rights to the surface and above the surface.

belladulcinea · #19 05/09/07, 08:27 PM

With our easement, any damage they do they have to restore it back to as close to original as possible. In October they sent in some contract guys to dig out the underground cable and the electrical guys came and fixed it. The contract guys were supposed to refill the hole and level it, they filled the hole but didn't level it. When the electrical guys came back and inspected the transformer and the hole, they smoothed it out and apologized for the other guys bad work.

huzzyjr · #20 05/09/07, 08:38 PM

We had a easement in our backyard less than 40 feet from the back of the house, we put a fence around the yard but put in a gate they could drive through if needed. We only had 1 time they had to fix the pole, a wind storm wrapped our metal shed around the pole. but they managed to fix it without comming into the yard.