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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Easement Claim by Power Company

    My question involves an easement in the state of: Florida

    The power company is claiming they had an agreement in 1941 concerning the easement through a subdivision where I own land. But now they believe the subdivision plat lines were drawn wrong in 1956. Now they have cut many large pine trees on my property which is approx. 30 x 170 long without my consent. They sent me a letter after the fact. I live in another state so was not there when the trees were cut. There is nothing written in my deed or description about this easement being where they claim. It is now 2011 and they haven't noticed this since 1956- 55 years! They want to build a new power line so now all of a sudden "oh my gosh, that's our land". This seems like unfair confiscation of our property. Am I correct? What can I do to rectify the situation?

  2. #2

    Default Re: Easements

    Quote Quoting Nck
    View Post
    My question involves an easement in the state of: Florida

    The power company is claiming they had an agreement in 1941 concerning the easement through a subdivision where I own land. But now they believe the subdivision plat lines were drawn wrong in 1956. Now they have cut many large pine trees on my property which is approx. 30 x 170 long without my consent. They sent me a letter after the fact. I live in another state so was not there when the trees were cut. There is nothing written in my deed or description about this easement being where they claim. It is now 2011 and they haven't noticed this since 1956- 55 years! They want to build a new power line so now all of a sudden "oh my gosh, that's our land". This seems like unfair confiscation of our property. Am I correct? What can I do to rectify the situation?
    One issue at a time. I don't know all the facts here. It appears you took title to your property subject to the easement described in 1941. Your deed and the legal description therein may not reference the easement, but that doesn't mean it's not valid. My deed doesn't mention that someone else has the mineral rights, but they do. Nor does it mention that the city has an easement on the front 10' for utilities....

    Surveyors sometime do not show the easement correctly on the plats. This often occurs for instance when the surveyor assumes the centerline of survey is the centerline of constuction - sometimes it's not. Regardless, it is not the power companies fault that a licensed surveyor and or tax assessor's office did not properly show the easement.

    The power company is not saying it's their land, they're saying it's their easement.

    The issue is, did the power company cut trees outside the description in the 1941 easement? Then we go from there.

  3. #3
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Easements

    The first thing I would do is put them on notice that you want all activity to stop until two things happen. One, you get paid damages for the trees cut, make that damages times 2, second, ask to show under what authority they think they have the right to build in the new area. Maybe, send a letter of complaint to the Florida Public Service Commission. Getting local counsel wouldn't hurt. In Florida, the power company has to pay your attorneys fees in a condemnation case. Next question would be is this something they would use their power of eminent domain over. Good luck.

  4. #4

    Default Re: Easements

    Quote Quoting landagent
    View Post
    The first thing I would do is put them on notice that you want all activity to stop until two things happen. One, you get paid damages for the trees cut, make that damages times 2, second, ask to show under what authority they think they have the right to build in the new area. Maybe, send a letter of complaint to the Florida Public Service Commission. Getting local counsel wouldn't hurt. In Florida, the power company has to pay your attorneys fees in a condemnation case. Next question would be is this something they would use their power of eminent domain over. Good luck.
    If they have a valid easement, they don't have to stop anything and that's what gives them the right to build more lines. Demanding double damages when the easement give the power company the right to cut trees seems non productive. Almost all of the easements I've seen give them the right to build new lines and cut trees. Don't we want the power companies to keep the areas around the lines cut? I know I do. Trees are the cause of many outages.

    The power company doesn't have to pay attorney fees in the situation described above. Again, people need to discuss the issues with the power companies. Most of these guys and gals are not bad people. They coach your kids little league team. Give them a chance to explain their position and resolve before demanding anything.

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