February 2008

Monthly Archive

The Cable Company isn’t Fixing the Cables that are Hanging Dangerously Low on my Property, What can I do?

Summary

The electric and cable companies apparently have an easement on our property although I am unable to find proof of this in our deed and abstract. We do not subscribe to cable and our electric is fed to the property from another line (not on our property) have asked the companies to please fix the cables/wires that they are encroaching on my ability to use my own property and it poses a safety risk. What can I do?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I am a self employed horse professional that uses my 15 acre property to earn a living. The electric and cable companies apparently have an easement on our property although I am unable to find proof of this in our deed and abstract. We do not subscribe to cable and our electric is fed to the property from another line (not on our property) There are cables hanging on the ground and electric wires drooping dangerously low to the point I cannot ride or train my horses or teach lessons on that area of the property. I have asked the companies to please fix the cables/wires that they are encroaching on my ability to use my own property and it poses a safety risk. They have been uncooperative and unresponsive for 2+ weeks. What can I do?”

You’re pretty early in the process, but if someone claims to have an easement over your property, put it on them to prove it is the case. Maybe there is a document out there that you just haven’t seen.

Assuming there is no written easement (unlikely, but possible), the company may be able to claim that they have a prescriptive easement by virtue of the lines having been there long enough.

If there is no easement at all, you could ultimately sue them for trespass. Even if not, the safety concerns could get you some relief.

In either case, you may still get some response, once the beaurocracy’s wheels have turned a bit more. If not, contact a local attorney and see if a letter on attorney letterhead gets a reaction.

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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

My Neighbor and I have Conflicting Statements About our Easement, Is this Legal?

Summary

My deed states that an adjacent landowner has a strip beside my property that is “as wide as a road”….their deed says a 60 foot wide strip. In 1924 the two deeds said the same thing, but the next time the land changed hands, the 60 ft. was specified. Since it was not recorded on both deeds, can this be legal?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“My deed states that an adjacent landowner has a strip beside my property that is “as wide as a road”….their deed says a 60 foot wide strip. In 1924 the two deeds said the same thing, but the next time the land changed hands, the 60 ft. was specified. Since it was not recorded on both deeds, can this be legal? If so, it seems that anyone could add details or extra feet. They are claiming they intend to fence where my shed stands, because they own this property. I was told by a lawyer several years back when I purchased the land, that indicating “as wide as a road” would mean no more than 20 feet.”

Generally, no, you cannot change the terms of an easement without the agreement of both parties. “As wide as a road” is, unfortunately, a bit vague, so you could be in for an argument as to just how wide it is, but I agree, few private driveways are anywhere near 60 feet wide.

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