Utility Easements

[Rich Riddle]

I have a few issues with utility easements on the house's property that is only 100' wide at the lot. On the property are one fire hydrant, one electrical transformer located on the ground, a gas access area, and four telephone access areas. The telephone accesses include one tower, two manholes, and one FIOS access panel that is 2 x 3 feet. The phone company showed up earlier this morning to add another access panel. I sent them away and told them to either use one of the three existing ones that are large or get a court order indicating they can keep adding these large access panels to my property when neighbors have none. They have repeatedly broken the in-ground sprinkler system and simply throw the sprinklers and pipe on the lawn after breaking it. Apparently they have no culpability for damages. When are enough service access panels enough?

Here are SOME of the devises on the property:

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[Mel Fulks]

I think you handled that well, good luck to you in ultimately prevailing. It might just be a simple " this guy evidently doesn't mind all this crap......let's put some more". Service from our power company is terrible and and they always keep you
on hold a long time listening to music evidently picked by nurse Ratchett. I asked one of people her name and she said
"I am employee number...." I asked her if she was reading a tag stapled to her ear.

[George Bokros]

I think legally, and I am not a lawyer, once you give them an easement they can do what they want as long as it is within the easement area. The dimensions of the easement area must be spelled out and recorded on the county land records at least that is how it is done in Ohio.

[Rich Riddle]

I think legally, and I am not a lawyer, once you give them an easement they can do what they want as long as it is within the easement area. The dimensions of the easement area must be spelled out and recorded on the county land records at least that is how it is done in Ohio.

I am going to city hall to read the deed since the easements are supposed to be recorded on the deeds in Kentucky. The representative called and indicated they want to install another access panel because the wire went bad exactly in that spot in my yard. If they install another panel, they only have to replace a few feet to the already existing panel. If they have to pull an entirely new wire, it will be 200' approximately. They don't want to splice and bury. I told them to splice and bury, pull the wire, or bring a court order.

[Tom Stenzel]

My older brother was successful in stopping something installed in his backyard on the easement. But he had an advantage. He worked for the phone company as a cable splicer and was able to state exactly why the box not only unnecessary but an example of poor practice.

This is my prediction: The phone company will install the box and make the splice. Then they'll find that the losses caused by the spice will be excessive. So then they'll install another box with an amplifier to compensate :eek:! Then another box for the UPS :eek::eek:! Then they'll add another box because, well you know, since the area has shown a need for more boxes then they should add one more and plan ahead.

I worked for a municipality, I know how once stupid starts it just snowballs.

It matters if the "wire" is a fiber or a big bundle of copper pairs. The phone company is loath to bury a copper bundle splice.

Hope it works out.

-Tom

[Rich Riddle]

Went to city haul and they sent me to the County offices to the register of deeds. The lady laughed when I told her the address because I was the third person today asking about it. The deed limits the phone company to two (2) boxes in any one yard on this street. It also limits the houses to only ranch style for some reason. Anyway, she told the phone representative who asked for the information what his easement was. She called him from her office and said, "the property owner is here." Got up to the house and they had some tech measuring for the long run so they can send the trucks out. Guess it's more costly for them but that side of the yard is starting to look like a mini-station for utilities. Now it's their problem, not mine.

[daryl moses]

Glad you prevailed!

[Scott Shepherd]

The deed limits the phone company to two (2) boxes in any one yard on this street.

So did you tell them to come remove 2 of the 4 boxes that are already in your yard? ;) After all, it's in the deed ;)

[Phil Thien]

So did you tell them to come remove 2 of the 4 boxes that are already in your yard? ;) After all, it's in the deed ;)

Yeah, that is what I was wondering, LOL. When the techs are working on their 200' line, hand them a notice that they have thirty days to remove the extra gear, or you'll do it for them.

Or they can pay you...

See where I'm going with this?

Watch out for the phone cops, though (reference to old WKRP in Cincinnati bit).

[Mel Fulks]

Glad you are winning. The fact that they exceeded the conditions show my post was right ,whatever they can get
away with is their perceived limit. I think that part of the property would be a good place to grow poison ivy.

[Mac McQuinn]

I'm surprised they don't send someone out first to check what's in the ground and mark it w/ paint and/or flags before digging. We have Miss Digg in my area, call before digging.
I wouldn't complain too loudly about the fire hydrant, I have one also on my corner lot and it lowers my home insurance.....
Mac

[Jim Andrew]

I like that comment about growing poison ivy on that easement. I learned the hard way to check what the easments are before buying a lot. Sometimes one lot has no easement, and the lot next door has double. Bought a lot one time, put in a basement, and then found utility contractors looking at putting a sewer line under the wall of my basement. The city had added an easement that was not disclosed on my deed, because there was no sewer service to my lot!

[Ole Anderson]

I like that comment about growing poison ivy on that easement. I learned the hard way to check what the easments are before buying a lot. Sometimes one lot has no easement, and the lot next door has double. Bought a lot one time, put in a basement, and then found utility contractors looking at putting a sewer line under the wall of my basement. The city had added an easement that was not disclosed on my deed, because there was no sewer service to my lot!

A municipality can't just add an easement without the full approval of the property owner including witnesses and often a notary, and often some compensation. Or a court order, which isn't easy to get. I have written many easements and gotten many approvals. Never had to go to court, but there was one nasty attorney that balked at putting a water main through his parking lot but he finally gave in.

And the township had to abandon a recorded easement the supervisor got many years prior, but never had witnessed. Owner claims his dad signed the easement (same name) but he owned the property.

[Rich Riddle]

Well the telephone easement is half the story. I live on an extremely steep hill. Apparently there is a sewer that goes directly across the property about sixty feet down from the house......in the forest. The sewer company indicated they likely need access to the area above the sewer....in the forest. Apparently, it's the homeowner's responsibility to ensure that they have available access.....in the forest. So today we are removing the forest during record high heat. Luckily last year I removed a good deal of it and am now only having to remove about 5000 square feet of the shrubs and vines by hand with tools. There is no way to get any driven tools down there. Made a good day's work though. There is no way they will be able to drive down that cliff or up to it. That's not my problem, but their problem. Anyway, when asked what we accomplished this weekend here are the pictures. We are mulching and burning. Burning works much faster.

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Next weekend my friend and I will have the entire area completed. Having done it last year pays off. We now know what works and what wastes time.

[Mel Miller]

Those toy chippers really won't do much.

[Rich Riddle]

Those toy chippers really won't do much.

Well most of the "forest" as the city calls it is made up of honeysuckle and vines. The work wonders on most of that. You can see in the one photo showing the two of them the large piles of mulch. The trick is deciding when to burn or mulch. Last year, the red one mulched about 10,000 square feet. This year burning was incorporated into the picture.

[Mel Fulks]

I would not trust "Aparantly ". Doesn't sound right . Good luck to you