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07-16-2014, 5:17pm | #1 | ||||||
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Is This Legal?
I have a Utility Pole in my Backyard. My gates are locked, primarily because I have dogs, which are left indoors when we aren't at home.
I came home to a Verizon Crew working in my backyard (they hopped the gate) ...They are running cable from said pole to the neighbors house. Normally I wouldn't care, because crews that have needed to get to the pole have politely asked in the past. Is it legal for a crew to just barge into my backyard without permission? |
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07-16-2014, 5:20pm | #2 | ||||||
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Utilities usually do have an easement to access utility poles. Check with the PUC. They should be able to tell you.
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07-16-2014, 5:20pm | #3 | |||||||
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07-16-2014, 5:22pm | #4 | ||||||
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07-16-2014, 5:24pm | #5 | ||||||
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Yes, they have a utility easement. You have no choice.
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07-16-2014, 6:32pm | #6 | ||||||
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I can see the electric co needing and having an easement, but VERIZON! No way should they be able to trespass on your property without your permission. I'd raise shit. Send them a bill or do a trade off for free service.
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07-16-2014, 6:38pm | #7 | |||||||
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Had a co-worker fight Comcast when they wanted easement rights to cut through his property. They're not a utility. He fought them in court & won. |
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07-16-2014, 6:45pm | #8 | ||||||
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OP, the Court decisions are not on your side. They say that when cable TV operators bought the rights to use utility line easements they were merely acquiring a portion of the original easement rights granted by the benefited property owners. There are now many cases from different states which uphold the right of TV cable companies to acquire part of the easement rights already held by public utilities.
There are cases to the contrary. |
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07-16-2014, 6:58pm | #9 | ||||||||||||||
Chief Meat Gazer
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from another web site... poster from Texas:
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07-16-2014, 7:06pm | #10 | ||||||
Chief Meat Gazer
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07-16-2014, 7:10pm | #11 | ||||||
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07-16-2014, 7:36pm | #12 | |||||||
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We did a job for a gasoline pipeline company. The sold rights to use their easement to a fiber optic company. The fiber optic company came through and laid their wire in proximity to the pipeline, and other than paying for any damages, the landowners all along the route got nothing, because they had already been paid for the pipeline easement. |
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07-16-2014, 7:43pm | #13 | |||||||
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See: http://www.americanbar.org/content/d...thcheckdam.pdf |
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07-16-2014, 7:46pm | #14 | ||||||
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07-16-2014, 7:48pm | #15 | |||||||
Dorkapottamus
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07-16-2014, 7:50pm | #16 | ||||||
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We had a crew get a gun pulled on them down in Alice, TX. We had another crew report a guy brandished an ax and told them to GTFO near Beaumont (pretty sure the guy was growing some pot on the ROW). Personally, I have had a guy tell me he was going to shoot me. These things happen in the pipeline business. Most landowners know the program and, if you are polite and respectful with them, they are usually fine. Occasionally you get an asshole, just like with everything else in life.
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07-16-2014, 7:54pm | #17 | |||||||
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07-16-2014, 7:58pm | #18 | ||||||
Chief Meat Gazer
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If I'm not mistaken, in my area the easement is king... as long as they stay on it at all times.
Example; of two parallel streets... where the properties "backs" are against each other; there will probably be a utility easement at this juncture (where back yards butt up against each other). If the utilities need to get to a spot in the middle of this long easement run, they must enter at one end - directly onto the easement area - and then travel down within that easement line until they reach the area they need to work on. This they can do without asking. What they can't do -without asking permission first - is to drive down the street part way - then cut through someones yard to reach the easement area needing work. And this is what frustrates many home owners, the cavalier attitude of utility workers who trespass - in order to reach the easement area. There are no easements on the sides of my property; but there is out by the street and along the back of my property. Where-ever an easement sits, there is a legal non-trespassing avenue for them to gain access to it. They have no right to trespass - in order to reach the easement area. This is why they are supposed to ask permission from the land owner each & every time they decide to take a shortcut route to where they need to get to. |
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07-16-2014, 8:23pm | #19 | ||||||
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Modern planners put utility easements in the front of subdivided lots adjacent to the roadway. This portion of land (including the road) is usually "dedicated" to the city/county/Parrish/town from the developer as part of his development order. The advance of buried utilities makes it aesthetically pleasing.
Back in the day. When there were alleys behind lots for access easement. Developers would hold title to the easement (alley) and contract with the utility companies himself for easement. Very good long term guaranteed income. The government stole that from the developer through development code in most states. This lead developers to eliminate alleys and install utility easements across the rear of subdivided lots. Basically, the developers were not going to give the city/county...the land. And no point of platting the alley if it wasn't going to be profitable to the developer. This all of course is in general terms. And there are exceptions. |
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07-16-2014, 8:24pm | #20 | ||||||
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Nothing that we do is worth either getting hurt over, or hurting someone else. If someone is butthurt and doesn't want us on their property, and cannot be reasoned with, we leave. Whether I have a right to be on the property is irrelevant. In fact, when encountering upset landowners, that's usually the first thing I tell them. "Hey, we're here doing xxx on behalf of [insert PPL company], but ultimately, we are on your property, and YOU are the boss on this job. YOU call the shots."
Many times, that settles down upset people, who just want you to acknowledge that they are the alpha dog. I've got no problems with that. However, if they still are insistent that we leave, we leave, and apprise the company of the difficulty. That's what they have land men for. |
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