Add to the questions to ask before digging

[Varmintmist]

They have a right of way through your property, you should be compensated.

It really is the contractors fault. The ditches are dug by the contractor then the utilities are called to inspect and place cable/pipe.

Getting the contractor to pay is a pipe dream though so start billing the utilities. They are REQUIRED to get you to sign off on a right of way (at least in PA ) before they cross your ground. It also must specifiy type airial or underground, and utility, power/phone/gas ALL must have a seprate right of way contract. Ie, phone cant go on power poles just because they are there.

Lets put it this way, with the right of way established, they can dig up your yard to get to their stuff, when they want. and pplace any thing in that right of way they want. Whatever $$ you put into the ground is forfiet unless you are making a living from the crop.

 

[Junkman]

I know of a property in MA that did have the same problem with a water line. The water department went across a piece of property that they didn't have a easement for. When the house was foreclosed by the bank on the mortgage, they couldn't sell it because the owner of the adjoining property wouldn't give them an easement. The water company went to court and lost. They then sold the house at a large loss to the owner of the property that was violated just to get it off the books.

 

[Soundguy]

Yikes.!! I see there are some big time issues with this kind of thing happening.

Soundguy

 

[Junkman]

My guess is that once you allow it and don't challenge it, they can then claim adverse possession. I believe that the PUC or DPU in your state might have something to say about the violation if you were to pursue it. It is just a matter of how much it will harm you. You are obligated to notify the purchaser of the situation if you sell the property. As long as the wires don't cause a problem in the future if you were to add a sewer connection, build a garage, etc, then there is no problems. It is future use that you have to be concerned with. The time line starts when you first know about the defect, not when it happened. The clock is running and it is up to you to remedy the situation. They will always take the attitude that it is your problem before remedying it. That is the least expensive way out for them. The real question is who contracted to put the lines in originally? If it was the utility, they are responsible. If it was the developer, then go to your title insurance company and see what they have to say or do. Don't sit around waiting, because in the end, you are the responsible person if you fail to act. It is nice to be friends with the neighbor, but he might not be there in a few years and then the next neighbor might not be as nice. I am not a lawyer, but I did stay at the Holiday Inn last night.

 

[chucko]

Call the PUC they love this kind of stuff
Mr UPC I don't know what to do I found the power co put lines in my yard without an easment and they don't even want to talk to me about it.The keep tell me it is my problem that their line are in my yard. Can I just cut the lines?

 

[Soundguy]

I think I'll do some more investigating and see what I can get into. The neighbors house is only a couple years older than mine.. so.. those underground utilities havn't been their that long.. hmm..

Soundguy

 

[chucko]

Sound I have been dealing with the PSC over a power bill that when up 4x what it had been being
this was the mth of the hurricanes we did not even have power for most of the time
they (pcs) loves to get in the power cos face on stuff (in my case Progress engery)

You have to give the power co a fair chance first but when they are unresponsave the PSC will get all over it

 

[LBrown59]

</font><font color="blue" class="small">( Call the PUC they love this kind of stuff
Mr UPC I don't know what to do I found the power co put lines in my yard without an easment and they don't even want to talk to me about it.The keep tell me it is my problem that their line are in my yard. Can I just cut the lines? )</font>

What if you didn't call before diging and hit a utility line that wasn't on an easment.
Who pays?

 

[MikePA]

<font color="blue"> What if you didn't call before diging and hit a utility line that wasn't on an easment.
Who pays? </font>
You do.

You call DigSafe and they notify the utility companies. The utility companies come out and mark where their underground lines are.

 

[LBrown59]

</font><font color="blue" class="small">( <font color="blue"> What if you didn't call before diging and hit a utility line that wasn't on an easment.
Who pays? </font>
You do.

You call DigSafe and they notify the utility companies. The utility companies come out and mark where their underground lines are. )</font>

You're talking about lines on an easment or right away.
I'm talking about lines that aren't on and easment or right away.
Two different situations entirely.