How many know what a Utility Easement is?

CarolynRenee · #21 10/25/10, 05:14 PM

We've got NAEC.

oneokie · #22 10/25/10, 06:46 PM

Quote:

Originally Posted by Old Vet

In Arkansas all you need to do is provide a place for trucks to enter the fence it could be 5 miles from where they would enter. Fence the property and don't send a key to anybody they could call if they need to enter and you can meet them.Put the gate near the house near the power line. Cause as much trouble to the utility as you can that way they may put a gate in for the next person. I presume you are on Entergey they don't care to tear down the fence and replace it if they need to.

You said that, I did not. But, I like your thinking.

texican · #23 10/25/10, 08:57 PM

Right of ways only allow the owners of the ROW "to use" the ROW. They cant access it from private roads, unless it's specifically written thataway in the original deeding document.

I "pull" this on a pipeline company any time they wish to check on something... they can drive the pipeline row 2 miles from the public highway, Or, they can use my private road, for a price. Usually an hour or two with the trackhoe.

norcalfarm · #24 10/25/10, 09:37 PM

Quote:

Originally Posted by Common Tator

You might hand paint a sign that says something like "Possession of a utility key does not grant permission to use it to enter this private property" Or something to that effect.

Our power utility subcontracted with a private company to trim trees near the power lines that cross our property, and the power lines going through the National Forest where our ranch is located.

This private company had employees that they hadn't done background checks on, and hadn't even checked to see if they were in the United States legally! The tree trimmers didn't speak English. These guys had keys to the gate of every private property in these mountains. Not just the ones with an easement. If they had an electric meter, the meter reader needed a key to get in to read it.

We have a power and phone company easement across our land. They trimmed the trees near the lines. They trimmed them so that any trees near the lines were trimmed so that even if the tree fell over, it couldn't hit the line. The problem was, that they came back again and again. If we caught them, they were "just checking the lines". The same lines that they had just trimmed a couple of months earlier. They had plenty of time to scope the place out. See what possessions we owned. We have no idea what they were spending their time doing. Once, the guy had forgotten his key, so he just parked his truck in front of our gate, blocking us from driving onto our own property. Another time, one left his truck parked in front of our house! I had to call the company to come get it, because they had arrived in two trucks, and for some reason, they all left in one. Then they forgot where they had left their truck!

In the six months after they trimmed the trees, we caught them here at least a dozen times. I complained to the tree trimming company to no avail. It wasn't until we arrived and found the gate locked, but a 24' flat bed trailer that was parked inside the gate, out of view from the road, had been stolen that we finally got them off the property. This was when I asked the tree trimming company if they did a background check on their employees, and if they verified immigration status.

I called the power company to complain, and they were pretty horrified to learn that, and just how much time they were spending at our ranch, with no apparent reason to be there. It was the power company that finally put a stop to the abuse of their keys.

As for the people who use a utility key to trespass on your land, they are still trespassing. You might complain to the utility. Ask them to send out a letter to the people they have given keys to advising them that the keys are not to be used on other people's property.

In California, the trespassing laws are stricter for trespassing on a farm or ranch. You might want to buy some of the nice 'No Trespassing' signs that the California Farm Bureau Federated sells. They are specifically for farms. http://www.cfbf.com/

Thank you. I question whether the tree companies here are doing the same thing. I have seen them trucking "firewood" out. Could be legitimate but I have become very suspicious. I have pestered the utility co. enough that somebody slipped up and gave me a high-ranking person's phone number. Now he hears from me every time that there are issues. For the most part he has been very helpful but they still won't invest in a replacement gate that can't be lifted off the hinges. I used a cable and lock to secure the hinge side and he temporarily changed the lock to a less common lock but it can only stay on for a few months at a time. I will try the sign idea. I also contact the sheriff every time.

foxtrapper · #25 10/26/10, 07:10 AM

All the talk is interesting and entertaining, but you really need to read your easement to see what you can and cannot do with regards to egress. Many an easement is written with peculiar and unique clauses and conditions.

**highlands** · #26 10/26/10, 03:38 PM

We have a problem with ATVers roaring up and down the utility easements that cross our land. They are very destructive of our logging roads and water bars. I've had them tell me that it is public land. It isn't, I tell them and I call the cops who explain it to them. Over the past 20 years it has gradually gotten better. Big rocks help.

**Shrek** · #27 10/26/10, 03:41 PM

If the power company has poles or other obstacles in the easment on a property and the owner notifies the utility of trespass issues mentioning that the obstacles owned by the power company could place the utility company at liability risk along with the property owner.

Its very possible that the utility company will offer assistance to the property owner to erect adequate fencing and gating.

fantasymaker · #28 10/26/10, 05:56 PM

Once agin the same old advice. Build a nice 8 foot tall fence with barbed wire at the top and a offset electric wire top and bottom.
Then add a Nice sign that says Renees Lion Ranch, then rent a LION!

willow_girl · #29 10/27/10, 06:36 AM

I'm of a different opinion. When I bought my last house, it came with a lovely trail that looped around the 10 acres and continued onto my neighbor's property. After we moved in, I was approached by several neighbors, asking for permission to continue using my portion of the trail. Turns out it went for several miles through the woods! Of course I granted permission, and also used the trail myself for hiking and horseback riding.

It would have taken only 1 person who didn't want strangers on his/her property to destroy this nice thing.

Incidentally, we never had a bit of trouble from it, either.

G3farms · #30 10/27/10, 08:23 AM

That is great that you at least had neighbors that understand "respect for others property".

beowoulf90 · #31 10/27/10, 09:48 AM

Quote:

Originally Posted by willow_girl

I'm of a different opinion. When I bought my last house, it came with a lovely trail that looped around the 10 acres and continued onto my neighbor's property. After we moved in, I was approached by several neighbors, asking for permission to continue using my portion of the trail. Turns out it went for several miles through the woods! Of course I granted permission, and also used the trail myself for hiking and horseback riding.

It would have taken only 1 person who didn't want strangers on his/her property to destroy this nice thing.

Incidentally, we never had a bit of trouble from it, either.

The difference is your neighbors asked for permission, as mine have done in the past.. I have kayaks and canoes being taken out on our property all the time. These folks for the most part respect the property and I have no problem with them.. They also tend to keep the creek clean of big items..Which is a good thing.. It's the partiers that leave their trash that I have problems with..

meanwhile · #32 10/27/10, 10:42 AM

We have one of those easements on the land with one of our Cabins. A neighbor tried to "run" horses on it and we had to ask her several times to stay out! She just kept saying "wellllll, you'ns ain't do N nut N wid hit" and she would let her kids ride horses back there. We have mowed it and were starting mulch piles for raised beds and they would tramp all through it. My husband finally had to call her and point out that Duke Power might have an electric line on the land but we still own the property. Finally we just put up a fence and locked the gates to keep her out.

Trixie · #33 10/27/10, 06:13 PM

I guess I might be that one person who doesn't want strangers on the property. A stranger, meaning someone who hasn't specifically asked and been given permission to be there.

The fact is, people tend to tell others, who come, they bring friends who return and you don't know everyone who comes is there to just enjoy the walk. There is also the liability issue.

My sister and her husband had some property leased for their horses. They saw kids walking there from time to time, but didn't want to be nasty about it. One day, though, they saw kids carrying buckets down the trail. They followed the trail and in an opening were marijuana plants - the kids were carrying water for it. I wouldn't want to have to explain my way out of that.

Common Tator - I would be very concerned about the situation you described. Here I don't think utility companies or their private contractors are too concerned about background checks or legal status of their workers.

We had an easement on our old place and the company came in regularly and mowed it. Not that it bothered us, except wondering if they were really careful about closing the gates, etc. They had the underbrush pretty well gone, so it only needed mowing, and we decided to keep that mowed ourselves. No more utility companies.

ceresone · #34 10/28/10, 07:47 AM

Wonder how you find out who owns what? I always supposed the County owned the land so many feet from the center of the road. Now, I'm wondering if I do instead.
This is interesting, I remember being a little girl when the power lines came, it meant that I could ride my horse across country much easier, by using their gates. I just has to remember to close them, which I always did.
But, times change, this was back in the 50's--now, I would be just as furious as the OP about the tresspassing.