An Easement Question

[sanmigmike]

We have just been dealing with an access easement but I am getting the impression, strongly that if there is an easement on your property you cannot do anything to interfere with it. So trees and a crop would be fine, but most structures would not be okay.

A water line or power and so on, I tend to think with some of the others, it isn't a unknown problem for the people that do it for a living, ask them and see what kind of problem it will be and what is the usual way of handling it. I cannot help but think that in most cases running the power and water and other things you need is okay, other wise in some cases it would make major part of your property restricted in use.

 

[CurlyDave]

The easement existed before the shop or the power line to the shop.

I know the man who subdivided his property to sell the lot the shop is on, and the easement was done as a part of the subdivision. Therefore it existed before the owner of the shop bought his property and before he built his house & shop.

After thinking about this for a while, I have realized that the easement is not really in my favor, it is favor of the power company. It is specified as a public utility easement.

I am beginning to think that the best way to deal with it is to let the power company handle it. They do this every day, have staff lawyers who know the law, and will probably not take any nonsense from the owner.

As far as he is concerned, it is one thing to believe you are dealing with a neighbor over an easement, but he would have to be crazy to try to play around with the power company.

Essentially, they are going to give him whatever notice is required and then just go ahead and use their right of way. And, if someone needs to go to court to enforce the easement, they will do it.

I am going to call him and offer to try to schedule the work around his needs, but empahsize that it is really the power company running the lines.

 

[BlueRidge]

</font><font color="blue" class="small">( TI am beginning to think that the best way to deal with it is to let the power company handle it. They do this every day, have staff lawyers who know the law, and will probably not take any nonsense from the owner. )</font>

Wise choice.

 

[TC18guy]

You're on the right track Dave. Somehow I got it in my head that the easement was also an ingress/egress easement for access to your property. A PUBLIC utility easement IS for the benefit of the public utility companies (ie elec, phone, tv, etc.). It is their responsibility to return the property to pre-construction condition, although they could probably pass that bill on to you. They should not have any trouble tracing the neighbor's service wire and avoiding or repairing it.