Had my first "oops" this weekend.

[jsborn]

Diclaimer: I'm not a lawyer.

OK, now that is done, to the point. I don't believe you can be held liable for damaging any utility cable that is buried on your property that is not within an easement. An exception might be a cable servicing your house that is buried to the prescribed depth.

But if some yahoo runs a fiber line outside of the utility easement just to cut a corner, for example, and it gets cut, I don't think you would be on the hook. In fact, I think you could and should demand they move it.

When You sign up for service you give the utility an easement to serve your house as they see fit unless otherwise noted. As far as your neighbors line coming across your property you could still be liable if the builder of the subdivision signed a blanket easement to serve all the houses in the development.

I don't know about other states but in Georgia it is a state law that no matter where you are required to Call the free locate service and give them 72 hours to respond and even then if you cut there cable that was buried shallow if it was marked you are still liable. The only time you are not liable is if they mark the location totally wrong or don't marked at all.

This information is based on 35 years of utility company service some of which was sending out bills for cut cables and broken poles that just happened to just out in the street to be hit by intoxicated drivers.

As my old Grandpa said there is only one fair in this world and that's the county fair and it comes once a year around here.

 

[SnowRidge]

When You sign up for service you give the utility an easement to serve your house as they see fit unless otherwise noted. As far as your neighbors line coming across your property you could still be liable if the builder of the subdivision signed a blanket easement to serve all the houses in the development.

As I said, if it is not located within the easement.

I have talked to several utility districts and county governments recently regarding utilities and easements. In all cases, the easements were along property boundaries only, with a specified width, typically 10 to 20 foot on either side of the boundary line, excepting the easement to serve a property's own structures. The utilities also flatly stated they would not run any lines in areas they did not have recorded easments.

Not a single utility's engineering department said anything about a blanket easement for the whole property, and none said anything about "as they see fit."

It is possible that a really small lot may have utility easements covering the whole thing, if it is so tiny that adjacent boundary easements touch. I think the the owner of such a property is unlikely to have a tractor and frequent this board.

Anyway, nothing I have read anywhere indicates that someone with acreage has to call before digging in the middle of his property, unless there is a recorded utility easement there.

If that were the case, every farmer would have to call before plowing or planting.

 

[N80]

Yes, and every hole for a shrub would require a call. I cut mine putting in an azalea.

And this isn't just a 'state' issue. There could be all sorts of private entities running things to your house. I suspect you are accountable if your contract with them says you are, but again, when things are installed too shallow, in the wrong place etc, it is not going to be worth their time trying to recoup expenses from a home owner in court. Judge and jury will not be sympathetic to the irresponsible corporation against a homeowner doing what homeowners do.

 

[jsborn]

25-9-6.
(a) No person shall commence, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until the person planning the blasting or excavating has given 48 hours notice by submitting a locate request to the Utilities protection commission


25-9-13.
(a) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting damages utility facilities or sewer laterals shall be strictly liable for:

(1) All costs incurred by the facility owner or operator in repairing or replacing its damaged facilities; and

(2) Any injury or damage to persons or property resulting from damaging the utility facilities and sewer laterals.

Snowridge

These are State of Georgia laws they my not be in Tennessee but if you come to Georgia and don't call you Pay!!

It is my understanding that there is a new Nation wide code going into affect soon where you dial 811 to have cables located and then it is supposed to be law nation wide.

Georgia Power company has been using project wide easements called Blanket project easements for years. Maybe all utilities don't but they have and do.

 

[SnowRidge]

Is that law or regulation?

You don't address case law regarding that statute, if that is what it is. What does case law say about the applicability of the liability portion of the law/reg when the utility places cables or whatever outside of an easement?

 

[jsborn]

EASEMENT
STATE OF GEORGIA,
______________________COUNTY.
Received of XXXXXXXXXXhereinafter called the Company, the sum of One and no/100---------------------------------------------------------------------------------------------------------------------------------------- Dollars ($1.00) in consideration of which the undersigned, _________________________________________________________________, whose Post Office Address is
(Name)
________________________________________, do_____________hereby grant and convey to said Company, its successors and assigns, the right, priviledge and easement to go in, upon, along and across that tract of land owned by the undersigned in Land Lot _______________________ Number _______________ of the _______________ District, _______________ Section
of __________________________________________________ County, State of Georgia, said lands being bounded as follows:
on the North by lands of ___________________________________________________________________________________,
on the South by lands of ___________________________________________________________________________________,
on the East by lands of ____________________________________________________________________________________,
on the West by lands of ___________________________________________________________________________________,
together with the right to construct, operate and maintain continuously upon and under said land, its lines for transmitting electric current, with poles, wires, transformers, service pedestals, and other necessary apparatus, fixtures and appliances, including the right to stretch communication wires on said poles, or under said lands with necessary appliances; with the right to permit the attachment of the wires and appliances of any other company, or person to said poles; together with the right at all times to enter upon said premises for the purpose of inspecting said lines, making repairs, renewals, alterations and extensions thereon, thereunder, thereto or therefrom; together with the right to cut away and keep clear of said overhead or underground lines, transformers, fixtures and appliances, all trees and other obstructions that may now or hereafter in any way interfere or be likely to interfere with the proper operation of said overhead or underground lines, transformers, fixtures and appliances: also the right of ingress and egress over said land to and from said lines. Any timber cut on said land by or for said Company shall remain the property of the owner of said timber.
The undersigned does not convey any land, but merely grant the rights, privileges and easements hereinbefore set out.
Said Company shall not be liable for, or bound by any statement, agreement or understanding not herein expressed.
IN WITNESS WHEREOF, the said Grantor______________has_____________hereunto set___________ hand_________
and seal_____________, this____________day of _____________________________, 20______.
_____________________________(SEAL)
Signed, sealed and delivered in the presence of: _____________________________(SEAL)
________________________________________ _____________________________(SEAL)
Witness
________________________________________
Notary Public


This is the standard Easment form used no where does it mention prop line or size of right of way that is strictly various company policies. Also if the developer of a subdivision signs one of these it give the same power to the entire subdivision not just one lot. The usual way of doing bussiness is you sign this when you apply for service

Buyer be ware in the title search.

 

[jsborn]

It is a law and does not require utilities to be in easement if they are buried out side of an easement the prop. owner can have them removed by the utility owner but still can't just dig them up or cut them. And yes I have seen it tried and taken to court the utility most always wins like I said they my have to move but still can't just be cut .

 

[SnowRidge]

If any electric utility presented that to me for my signature, it would go straight to my attorney.

 

[jsborn]

And you could do it in the Dark.

This is the reaility and you can sign or buy a wind mill. I can see you don't like it but none the less there are thousands of these signed every day across the country so why not just Call before you dig and save yours self the attorney fee.

Besides Calling is still the L aw and Free Just Dial 811,

Sorry we high jacked the thread but it is just this simple save the time and trouble Call.

 

[N80]

I think that Georgia law is ridiculous and the poster child for salutory neglect. It totally ignores the realities of rural and agricultural life.

As I said before, call every time I want to plant an azalea of dig up a weed?

Let's see how the utility responds to you, me and every farmer in the state calling every time they needed to breaK ground.

Please.