Utility Easement

Discussion in 'Homesteading Questions' started by big rockpile, Feb 5, 2005.

  1. big rockpile

    big rockpile If I need a Shelter

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    Ok our Contract on our Property says there is a 30 road easement.15 feet on each side.When I put my Fence in I backed it off 20 foot plus,from center of the road.

    Well my neighbor is getting Electricity put in the Electric Company,told me in order to run a straight line they was going to have to fudge a little on the easement,because the road curves 2/3 of the way up my propery,I went looked told them you got to come up next to my fence,and pull over into this one ditch.I told them that was fine.

    They went through later marked for poles I about had a fit.The first pole started out 30 feet from center of the road,the last pole is 60 feet from the center,and its all on my side of the fence.

    Called my neighbor told him I felt they lied to me,far as I'm concerned they can just back off to the 20 foot easement.

    You guys think I'm right on this? I sure know I'm not happy with it.

    big rockpile
     
  2. Hoop

    Hoop Well-Known Member

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    Tell the neighbor they can follow the written contract or go fly a kite. They always have the option of running electrical service underground.
     

  3. dreadstalker

    dreadstalker Well-Known Member

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    they have rights ONLY for the granted easement.if they don't like it tell them to take a flying leap.if you allow it then it gives them right of hostile possesion
     
  4. SRSLADE

    SRSLADE Well-Known Member

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    Tell them to take a suck of the sweet end of a dill pickle and hold your ground.
     
  5. OD

    OD Well-Known Member

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    The water company representative came by here about a month ago wanting an easement across about 500 feet of our land to upgrade a waterline that's already there. We have a well, & it won't benefit us, but we told him that it would be OK if they would be sure that the ditch is completely filled in (it wasn't the last time). He promised that it would, & a few days later, he brought an easement for us to sign. Basically, it says that they are paying $1 and "The consideration recited herein shall constitute payment in full for all damages sustained by Grantors by reason of the installation of the structures referred to herein".
    We refused to sign it, & told him to bring one stating exactly where they will be digging & that they will be fully responsible for any damages to our property & we'll be glad to sign it. He said he would , but we haven't seen him in the last 3 weeks. Maybe they don't want to be responsible.......
     
  6. mtman

    mtman Well-Known Member

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    i wouldnt let them either who wants the poles on there property if it was your electric thats one thing but its not
     
  7. Oregonsparkie

    Oregonsparkie Well-Known Member

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    Just remember, any extra property you allow them on will become an easment also unless you get somethig in writing. They would then have complete access to dig up and do whatever they felt they needed to do "WITHOUT" you permission.

    I had a similar thing here. My property has a 6' easment around the street side of the property, this easment is for utilities and was platted prior to me buying the property. There is a power transformer on my property. Someone decided to put a house on the property next to mine. The contractor trenched through the corner of my property(without my permission) for the utilities. I told them to cover the ditch before he left for the night and all he did was put caution tape around the ditch. I spoke with an attorney who said I could be held liabe if someone fell in the ditch and said that if I let the power company use that ditch then it would become part of the easment and also said that if I sold the house at a later date and someone got hurt digging into those power lines then I could be held liable also since I allowed the utilities outside of the easment.
     
  8. Shepherd

    Shepherd Well-Known Member

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    Big: I'd say the electric company is who I'd be communicating with... it's best to keep things as amicable as possible with neighbors even if you're not the best of buddies. Talk to the electric company directly. They're going to do whatever's easiest and cheapest for THEIR benefit, if they can get by with it. And you can't be certain that the neighbor would communicate what you say to them 100% accurately.

    Just out of curiosity, how did the conversation with your neighbor end up? Keep us posted on how this ends up.
     
  9. big rockpile

    big rockpile If I need a Shelter

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    Its not the neighbor I'm having the problem with its the Electric Company.And my neighbor said he didn't blame me for being mad.

    Funny thing is they didn't worry about the road when they put the pole on the corner,always worried about hooking it with a trailer when going around.

    Oh that brings up another thing their wanting to put one pole down by one of my gates,where it makes a problem getting in and out.Thats got to change too.I have 3 gates along the road,one going to the house,one more 600 feet down and another 300 feet further on down.

    Yes I'm going to get ahold of the Electric Company.

    big rockpile
     
  10. Mike in Ohio

    Mike in Ohio Well-Known Member

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    Rockpile, you need to go back and check your titlework carefully. Is the easement claimed by the electric company actually the same one as the road easement?

    In our case it is not. The road easement belongs to the county and is a general utility easement. The local electric cooperative requires that you give them an easement on your property if they run electric to you (specified as their option to connect neighbors to a transformer that is on your property, etc. One parcel of ours has such an easement.... our other two parcels do not.

    Hope this helps.

    Mike
     
  11. crashy

    crashy chickaholic goddess

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    Rockpile.... No way!!! if you start letting them do that they will take over.....Why in the world did the put up poles anyways?? If I was you I would tell them to bury the line your poles are not wanted here.....I swear you be nice to those guys and they just take over....read your easement and go buy that only!!! Those are the rules for EVERYONE to follow. I guess putting up poles is cheaper that digging a ditch...lazyness?? :eek:
     
  12. BJ

    BJ Well-Known Member

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    We bought 40 acres with electric poles running on our side of the fence. No mention of an easment by electric company in our deed...only a 30' road easement. Now I wonder if we should check with electric company about their easement. We've owned the property for 5 years and we've never had any problems until this last year. The Missouri Public Service CO hired an outside contractor to trim trees....they came over on our property and butchered some beautiful old evergreen trees. These trees have been here 50+ years and have never been a problem...not going to ever reach their lines...they just took it upon themselves to cut off the top! In addition to that, along one area instead of chipping the limbs...they just tossed them into a creek. Now come spring we will have to deal with the brush clogging up our water gaps. So Rockpile....give them an inch and they will take a mile..don't give in. I wish we could make them run underground on our road...but they'd probably try to get the landowners to pay for that upgrade.
     
  13. sundew

    sundew Active Member

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    My suggestion would be to put a legal "stoppage of all work orders" while your "talking". That way you won't feel pressured. I messed up with my easement and really regret it now. Not only is there a 30' road easement, the elect was laid at the edge of current road (15"). Now they have the right to 30' on each side of power lines. I sure didn't realize the legal ramification. Also, on my property corner is a "hub" which is really a lose of land usage. I also had to fill in trench.

    Your easement most likely has surveyed degree this and that, have them bring out a certified surveyer and mark all along the easement, both sides like every 30' all along the easement. If ya don't really get picky, headaches when re-sell. or from other property owners 10 years down the road.
    Wish you well. Let us know how is goes along.
    sundew
     
  14. Ken in Maine

    Ken in Maine Well-Known Member

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    In Maine the electric company has a right of way 15 feet from the center line of their wires to both sides. You can not put up a fence or shed or anything in their right of way. They have 24/7 access!
     
  15. Cosmic

    Cosmic Well-Known Member

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    No way should you be allowing the electric company to go beyond what is allowed in the exact letter of the easement as written. Good guys finish last.

    The ramifications as mentioned by many can be horrible and difficult to predict. Also be aware if anything buried is involved, you should be doubly sure they are only in the zones specified. Most States are going to have something like Dig - Safe.

    http://www.digsafe.com/

    It is critical that the exact location of anything buried be super accurate. That one statement about the landowner being responsible before is probably not going to be true in most states. The one doing the digging is responsible. The purpose of Dig - Safe is to make the Utilities responsible if you call and have everything marked. Dig - Safe or other programs like it, is a One - Stop shopping idea that covers anything that possibly could be in the ground, including anything buried by the landowner. The landowner is required to notify the city /county prior to burying any pipes, wires, etc in most locations. Usually only things covered by a permit can be buried. Allowing someone to be sloppy in locating utilites is sure be a super headache in the future, maybe to include the landowner, who surely will be on his own dime in terms of any money involved.

    In most places, the number to call before digging, or even setting posts, penetrating the ground in any manner, etc is in the front of your telephone book. Calling that number and playing by the rules, gets the digger off the hook in a legal sense if anything is hit / damaged. If you are new to your property best to have this done at least once if you plan to run fences, or dig in particular areas, even if you think nothing should be there.

    There was a local case fairly recent where a doctor went out at the end of his drive way and attempted to replace a metal post that held a box for a newspaper delivery. He moved a few inches and pounded a metal stake into the ground and hit a gas line. The natural gas flowed back along the outside of the line and got into several houses. A fire, explosion and injuries and he was totally responsible for all of it because he had not called Dig - Safe prior to pounding in the post. Same for any place on your property, it is your land, but the person breaking the ground is totally responsible unless they have notified Dig - Safe. In most locations, the service is free.

    Plays into the easement thing in that where ever the Utilities or any others place something it must be accurate within inches. Allowing someone outside the easement and signing away the right as written might also put some additional burden on the landowner if it is not properly recorded. Just too much to go wrong by playing the nice guy. Demand additional payment for openers. You don't have to be hostile or unfriendly, just protect your own self interests.

    Recently they tried to run utilities by my house for a house being build behind mine. Started talking about locating a pole and making funny noises like it was going to be above ground. I told everybody involved, I would sue any and everybody involved. Electricians, contractors, utilities, city if they even thought about it. Everything must be underground as originally agreed. Basically a slam dunk legal case that should be impossible to lose. Some things you just can't be a nice guy about. :no: Might be a bit messy and expensive but that is their problem. Don't ever say YES just to make it easy for them.
     
  16. big rockpile

    big rockpile If I need a Shelter

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    My property don't run along a County Road its Private Lane.Here is a Picture of the Lane.not real good considering I have my side cleared off,which is on the left,from here all the way to the top of the next hill.But the Easement is from the center 15 feet over.The road really curves at the other end that is where they say they have a problem.

    [​IMG]

    big rockpile
     
  17. Cosmic

    Cosmic Well-Known Member

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    Exactly, you have it right, THEY have a problem. Don't make it YOUR problem. Nothing in it for you to make it easy for them.

    Bottom line, be official or be gone. Insist on a strict letter to what is required.

    People assume everything will remain the same. Around me, we now have the problem of "Visual Pollution". So many people on a pole, electric, many cable companies, telephone, etc, etc. there is this swarm of wires. So bad, they are putting back stays down into people's yards. Total blight and screwed up mess on a neighborhood, plus every week trucks are knocking down wires. Didn't start that way, it GREW into that way.

    Assume the worse can and will happen. Strict adherence to the rules as written. A journey starts with the first step, fair or foul.

    Your basic problem is defining your self interest. Usually that means NO EXPANDED ZONE beyond what is legally required. Your call as to where you really think your self interest lies. Remember, the other guy NEVER protects your self interest, let alone thinks about it. :no:
     
  18. Emily Nouvertne

    Emily Nouvertne Well-Known Member

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    Don't give 'em an inch more than you have to. We don't have electric easement on our property but our neighbor does and had a heck of a scare a few weeks ago. After work he came home to check his cattle knowing he had a newborn calf the previous day. He couldn't find the newborn and there was 4 wheeler tracks all around his hay where he feeds his cattle! He was crazy for a few minutes! He came to my house asking if I had seen anything, I hadn't, but luckily another neighbor had...the electric company! They were supposed to be mapping their "equipment" using GPS and 4 wheelers....there weren't ANY poles or "equipment" anywhere near where they were messing around! He finally found the calf, his mama had found him a safe place in the bushes, out of sight! He filed a complaint immediately! That is exactly why I wouldn't want the piles inside my property, 24/7 access by the utility company.
     
  19. rambler

    rambler Well-Known Member Supporter

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    It costs more money to make curved overhead runs. It also takes bracing which is more than 15' wide. This is _there_ problem.

    They can run the wire underground to 'fix' that problem. It costs them more to do this too.

    The utility is looking to save money by using your property.

    Say no. Period.

    They will need to resolve their porblem within the 15' alloted to them. They can, at some additional cost to them.

    Try not to involve your neighbor, that makes hard feelings.

    --->Paul
     
  20. tsdave

    tsdave Grand Marshal

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    As others have stated, insist they follow the road, and place nothing outside the road easement. I seriously doubt they will run it underground, it would probably cost more than the property !