Ok to bushhog a utility line ROW?

[livemusic]

A tall utility line (electric) crosses my property for 700 feet, it might be 60ft wide. The front part of it, maybe 100 feet has grown up high with saplings, like, 10ft tall. They are up to 2 inch diameter, the bushhog could do it. Any day, I expect them to come poison it with herbicide. I'd rather they not do that but I doubt I could stop it. Most importantly, where the line starts across my land is right at a highway and the saplings and vines and bushes are beefy enough that it kind of blocks the view down my access road. If they spray it, it will clear all that out so people can see down my lane. I like it private, I have equipment on my land. I figured I could just bushhog a lot of it not in the part I'd like to stay bushy, lol, and maybe they won't spray that part but I thought I'd ask... do you think they'd come after me or look the other way? It's been a few to several years since they have been in there far as I know.

 

[Roadworthy]

if it's your land they just have an easement. As far as I know you can still use the land - that would mean planting if you wish, use it for pasture, or whatever. You probably have the right to mow your own land, too. I'm not so sure they have the right to apply poison to kill plants on your land. You may wish to check into the terms of their easement.

 

[Gem99ultra]

I'd not hesitate to cut it. They'll probably thank you!

 

[DarkBlack]

Yup. It’s your land. You just have to allow them a right of way

 

[scootr]

I have overhead Edison lines running up one side of my property. I keep it cleared and they come to ensure it is clear or they will clear it. They do restrict tree height in the right of way to no less than 10' from the lines. They will top or remove any offending trees. As they do for some neighbors.
Next to the other side is a 60' water pipeline easement outside my fence. The water district is a bad neighbor allowing weeds to grow unchecked. This presents a fire hazard. CA requires a fire break 100' around the home. They are 60' away so I have scraped it bare for 20 + yrs. Nobody has said I cannot yet.
Do it - it's your land, their easement.

 

[yubh8tn]

I bushhogged my electrical ROW just the other day and we keep ours maintained. I do this on purpose to keep APCo from coming on my property.

There is a list of approved trees that you can plant for privacy. Look those up, they should be on your utilities website. Or call them. If they cut those down then you can make them replace them and keep your privacy. Anything else they can cut.

 

[plowhog]

do you think they'd come after me or look the other way?

I would strongly suggest you obtain and review the wording and language of the easement.

What is OK on my property, or others, could be entirely different from yours. So you risk trouble if you don't learn first.

Most likely, the easement describes equipment access and maybe not much more. If so, that is good. The fewer the restrictions the better. But until you obtain and read it, you don't know. I've seen easements in my area that have things you would probably not imagine-- like no underground pipelines in the vicinity of power lines. What? No pasture irrigation? No sprinklers?

 

[Jstpssng]

I agree with what has already been said but the person to ask this question to is your powerline representative. It saves the company money to have you maintain it, and he can tell you the minimum required before they will come in behind you and cut or spray.

 

[Torvy]

We have 3 easements. 1 electric, 2 gas.

It is my land they they get to use rent free...

I can keep it clear myself, or they will come through and do it. They just need access to repair or update lines and such. I used the box blade before I got my flail.

Gas is a little trickier because we can't really dig there. Limits what can be planted there. Also, can't safely burn there just in case there's a leak.

You can grow crops in basements, but if they need to get on the property, they will likely destroy much of it and you have no recourse.

Good advice above as rules vary by jurisdiction.

 

[Jstpssng]

It is my land they they get to use rent free...

Generally an easement or R/W is paid for at the time of transfer, just as any other land transaction.

 

[ultrarunner]

Brother has power line easement on his farm next to the road.

He put his livestock fences just before the power poles but the utility always wants access from his side and livestock removed.

No where in the easement does it say anything prohibiting farm livestock on the farm.

Utility does not want the easy access from county road citing safety concerns of fast drivers…

Utility annually wants inside access to avoid traffic but always goes off easement…

Just pointing out easements can be like a marriage…

 

[paulsharvey]

So, the wording is the difference. A Right of Way is Not your property (the way it works in FLa); and easement you own the property, but another entity has rights to the use of it (utility placement/maintenance, access, drainage rights, ect). Most likely, that is an easement, and you would have full use/access to the property, as long as you didn't interfere with the use by the power utility; IE you probably can't place any structures, plant trees, ect; but most likely you can mow, shoot, hunt, graze animal, ect. Planted crops may or may not be allowed if that is reducing access for routine maintenance of the utility.

 

[paulsharvey]

We have 3 easements. 1 electric, 2 gas.

It is my land they they get to use rent free...

I can keep it clear myself, or they will come through and do it. They just need access to repair or update lines and such. I used the box blade before I got my flail.

Gas is a little trickier because we can't really dig there. Limits what can be planted there. Also, can't safely burn there just in case there's a leak.

You can grow crops in basements, but if they need to get on the property, they will likely destroy much of it and you have no recourse.

Good advice above as rules vary by jurisdiction.

Not all utility easements include access, or require notification on access. It's all in the individual easement language; there can be aerial only utility easements; so that a power line can cross a corner of the property, but might not allow poles to be placed.

 

[Jstpssng]

Brother has power line easement on his farm next to the road.

He put his livestock fences just before the power poles but the utility always wants access from his side and livestock removed.

No where in the easement does it say anything prohibiting farm livestock on the farm.

Utility does not want the easy access from county road citing safety concerns of fast drivers…

Utility annually wants inside access to avoid traffic but always goes off easement…

Just pointing out easements can be like a marriage…

Do they have that right or are they just dependent on your brother's good will? Granted things vary from state to state. In every state I've worked on this side of the country however, access is specified in the deed, along with the transfer of the R/W or easement.

 

[Torvy]

Generally an easement or R/W is paid for at the time of transfer, just as any other land transaction.

I hear what you are saying, but it is horsehockey as policy. They don't own the easement. I do. Since ownership doesn't change, it's not a transfer.

Imho, all easements should be a lump sum for initial access plus an annual payment to landowner of record for continued use of the property. They should also be required to remove the lines/equipment etc. when/if it is no longer needed. Basically, easements are long term leases

 

[paulsharvey]

I hear what you are saying, but it is horsehockey as policy. They don't own the easement. I do. Since ownership doesn't change, it's not a transfer.

Imho, all easements should be a lump sum for initial access plus an annual payment to landowner of record for continued use of the property. They should also be required to remove the lines/equipment etc. when/if it is no longer needed. Basically, easements are long term leases

It all depends on how it is written; but I've never seen one that had an expiration. Sure, there are ways to subordinate an easement (basically buy it out); but that's not really an option for a typical homeowner. Also many utilities require a easement be granted inorder to provide service to a property.

 

[paulsharvey]

Brother has power line easement on his farm next to the road.

He put his livestock fences just before the power poles but the utility always wants access from his side and livestock removed.

No where in the easement does it say anything prohibiting farm livestock on the farm.

Utility does not want the easy access from county road citing safety concerns of fast drivers…

Utility annually wants inside access to avoid traffic but always goes off easement…

Just pointing out easements can be like a marriage…

The traffic is a BS excuse, we do flagging operations and shoulder closures all the time. Its a money problem; if a utility hires out an MOT/TTC subcontractor, that's gonna be approx $1500/day for the "Maintenance Of Traffic/Temporary Traffic Control" contractor.

 

[ultrarunner]

Do they have that right or are they just dependent on your brother's good will? Granted things vary from state to state. In every state I've worked on this side of the country however, access is specified in the deed, along with the transfer of the R/W or easement.

They do have an easement but utility not well versed.

The pioneer farm homestead property line is to the center of the county maintained road as it started as a farm road circa 1850.

The maintenance crew often think the right if way is from the shoulder.

The steep shoulder drainage culverts leaves no shoulder...

It's not a big deal... just not always convenient.

 

[big bubba]

why not call your utility maintenance dept & ask?

 

[John_Mc]

Here in Vermont you can tell the utility not to use herbicides, and they'll have to use other means to control the growth.