Land Owners Rights vs. Power Company Right of Way

Plain Old Mike · #1 02/05/10, 07:33 PM

Hello all, this is my first post here, not to be the last i'm certain...

My wife and I live in a passive solar home on about 10 mostly wooded acres in upstate NY. The part of our land bordering the (dirt) road is designated as a legal easement for the power lines that parallell the road, however they are laid out in such a manner that there is a "buffer" of some trees between the road, then a heavily cleared area for the lines, and then the woods resume and continue up to the house. My probing question... what rights do we have to either grow some cover/forage crops in between the power pole gaps, or even pasture some sheep or goats there considering the use of moveable fencing so as not to impede access for line maintenance?
ALSO... is there any kind of legal precident anyone knows of that were we to go completly off grid and were no longer using their services, could we, and most likely a lawyer, politely ask them to remove the poles from our land?
Any help or input is greatly appreciated.
In the spring I could take some snapshots to show an example of exactly what type of lay-of-the-land we are dealing with.(currently it is just weedy and has reminents of where the butchers widened the access area before we moved in 3 years ago.)
It is a significant enough piece of good land (that we are paying taxes for) to warrant my curiosity.

plowjockey · #2 02/05/10, 08:13 PM

To my knowldege, power companies are usually only concerned, with anything can possibly interfere with the lines.

They spend a considerable amount of money cutting down vegatation, including leasing goats to eat it.

If the property between the poles is yours, you can graze or plant short crops on the land. You likely cannot build, put in a pond, or plant tall vegetation (trees bushes) on the land.

You could always ask the power company to remove the poles. They probably would not do it, at least for free. There is probably no legal obligation for them to do so.

littlebitfarm · #3 02/05/10, 08:22 PM

Was the power line put in only to serve your house or does it go to other property too?

Kathie

watcher · #4 02/05/10, 08:37 PM

I've seen row crops grown under major power transmission lines. As plowjocky said as long as what ever you are growing isn't going to interfere with their access or the power lines the company isn't really going to care.

One thing to remember. If there is a problem the power company most likely has the right to bring in any equipment necessary to fix it. This means they can drive over anything you have planted. They also have the right to bring in equipment to clear the right of way but if you keep your part clear that should not be a problem for you. Usually they try to do as little damage a possible but it really depends on the company and the crew.

RonM · #5 02/05/10, 08:40 PM

That is covered in the 5th Amendment I believe...

oneokie · #6 02/05/10, 08:42 PM

Ask for a copy of the easement.

Most likely, you can use the surface area of the easement for most agricultural uses. No permanent structures.

As far as having the powerline removed, not likely to happen. You could spend a boatload of money trying. Most lawyers would be happy to take your money.

tinknal · #7 02/05/10, 09:42 PM

An easement like this is most likely bought and paid for (paid either to you or a previous land owner). When you purchased the property it was with the knowledge (at least you should have known) that the easement existed. This basically means that you agree with the terms of the sale and cannot change the terms.

Mike in Ohio · #8 02/05/10, 09:53 PM

The easement should be documented in your titlework.

Growing crops shouldn't be a problem but be aware that many utilities contract the clearing /maintenance of their right of way and in many cases utilities uses aerial spraying.

Mike

tinknal · #9 02/05/10, 10:09 PM

Quote:

Originally Posted by Mike in Ohio

The easement should be documented in your titlework.

Growing crops shouldn't be a problem but be aware that many utilities contract the clearing /maintenance of their right of way and in many cases utilities uses aerial spraying.

Mike

Maybe for gas lines, but I believe that spray aircraft couldn't get close enough to the ground with overhead power lines.

Rick · #10 02/05/10, 10:11 PM

Welcome to HomesteadingToday.

I empathize with you.

I don`t think the man is going to pull those poles when they are heading in the direction of paying customers.

They wanted 26 thousand to bring electric to us.
That was plenty of reason to let them keep their poles.

Common Tator · #11 02/05/10, 10:55 PM

If you review the title search that should have been done when you bought the property, you will see the easement and where they have a right to be.

We have had a couple of problems with the power company easement on our land. I have asked to have the easement removed and they have assured me that will never happen.

One of my problems with the power company happened when the meter reader came and unlocked the gate to access the property. As he was leaving, he didn't lock it the way he found it. He was supposed to hook his padlock through our padlock, and the two padlocks were to act as links on the chain. Instead, he pulled the chain tight and linked his padlock through the chain, leaving my padlock dangling at the loose end of the chain. He locked us out of our own property!

The other problem was that they hired a tree company to trim the trees along the power lines. They gave the tree trimming company keys to the power company locks that are on every body's private property gates and sent them off to trim the trees, unsupervised. The tree company hired crews that appeared to be illegal immigrants. Once they saw our ranch they came back many times for reasons that had nothing to do with tree trimming.

Once when we arrived at our ranch we found the gate unlocked and one of their trucks parked in front of the house. The driver was gone, and didn't come back for hours. We initially searched for him, and finally called the company to see what he was doing there. They hadn't sent him there, and had no idea why he was at our ranch. I am certain these guys scoped out our place, and we had a trailer stolen during this time.

Several times we were there, and their marked truck would come speeding down the drive and the driver seemed shocked to see us standing there. They would follow the circular drive out again and leave, but it was obvious that their plans changed when they realized we were there.

I spoke with the attorney for the power company and expressed my desire to have their lines re-routed around my property. He said that they never give up an easement once they procure it.

Mike in Ohio · #12 02/05/10, 10:56 PM

Quote:

Originally Posted by tinknal

Maybe for gas lines, but I believe that spray aircraft couldn't get close enough to the ground with overhead power lines.

I have a line with 200 foot towers (2 on my property) cutting across the back corner of my farm. They use helicopters. Right of way is 200 feet wide.

Mike

where I want to · #13 02/05/10, 11:05 PM

In California, an easement is considered abandoned if the landowner files a notice of abandoment and, for the next thirty years, no one objects or uses the easement. I have no idea if NY is similar but you can see that getting an easement gone is a long process.

fordy · #14 02/05/10, 11:10 PM

.............ALSO , everyone with a Powerline easement on some part of your property should be aware , That , the power company can and Does sell access too a Pipeline that wants to run their line down the middle or on one side othe power line towers\poles on a pre existing easement ! , fordy

Mike in Ohio · #15 02/06/10, 03:09 AM

Fordy,

That is simply not true. It depends on the language of the easement in the titlework.

Mike

Macybaby · #16 02/06/10, 06:45 AM

Power companies can be tricky, and sometimes you can get the easement changed.

We bought 40 acres in WI and needed to have ONE pole run on our land to hook up to the power (line ran on other side of street). The power company came back with a blanket easement on the entire 40 acres and expected us to sign it!!!!!

They said that was "normal procedure" for rural property as they weren't quite sure just were we might need poles to go. Turns out that is what they had done for years and years, and one reason why so much of that area of WI is crisscrossed with power lines.

We refused and after some haggling they finally came out and measured, and got an easement that only covered the area where the wires would actually be. Later we found out that many people were paying the money to get the blanket easements off their property and limit them to just the area actually needed.

This was back in 2000. We have since moved but I could not believe it when I saw that the power company wanted me to grant them access to the entire 40 acres to install ONE pole!

Cathy

Hoop · #17 02/06/10, 07:06 AM

When you purchased the property, you did so knowing the easement existed. At least this is how the legal system sees the situation. This is a nation of laws & contracts. By purchasing the property with an existing contract in place, you implicitly agree to all terms & conditions of the existing easement.
The chances of you getting the utility company easement eliminated range from nonexistent to dream on.

The Deed spells out exactly what the terms of the easement happen to be. If you already haven't done so, visit the register of deeds, and make a copy of the deed.
I suspect the easement contains language favorable to the interests of the utility company.

You can spend all kinds of money by hiring a lawyer to fight the easement. It will be money foolishly spent.

One day you'll come to the realization that the easement is something beyond your control, and you'll devote your efforts into things over which you have control.

haypoint · #18 02/06/10, 07:22 AM

In Michigan, a few years ago, some folks were growing fruit trees in the easement. They had to remove them, even though the trees weren't tall enough to touch the lines.

I have a friend that owned property that has those huge metal towers carrying high voltage. He can stand on the edge of his yard, hold a floresent tube in the air and it will glow from the stray voltage.

Big Dave · #19 02/06/10, 07:32 AM

I was going to say the same as haypoint. Those transmission lines are powerful enough to case serious health problems if you remain under them long enough. For a crop under them try growing hay. Everyone wins.

fordy · #20 02/06/10, 08:58 AM

Quote:

Originally Posted by Mike in Ohio

Fordy,

That is simply not true. It depends on the language of the easement in the titlework.

Mike

.............Well , I've observed several natural gas pipelines being dug under those large power line towers right here in Ft. Worth , tarrant county , tx ! I'm sure different states have different rules but it is happening and will happen more as time goes by . In congested residential neighborhoods some natural gas producers are using imminent domain to force homeowners too allow them too lay pipelines across their property . , fordy