Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.