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  1. #1
    Join Date
    Jun 2006
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    Default Determining the Extent of a Utility Easement

    In Ohio in 1940 Utility Co. got written easement but never recorded it and ownership changed several times (last time 1976). Easement not recorded on deeds. Utility had power lines on property since 1940. My position no easement till they sue for easement and then it would be only for the width of power lines above and they have no right to poison vegetation (&trees) on either side of lines since they do not continously occupy property. Utility wants access thru property to service lines even to cross property to service lines on property of others. Poisoning was never mentioned in original easement and utility claims "we did it in the past, we can do it now". My position at most is that they have 5 foot easement a half mile long, with no right to cross my property and destroy my seedlings since power line is not next to the public road. Am I correct? and do they owe me for previous

  2. #2
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    Default Re: Utility rights extend to ?

    Quote Quoting eman
    In Ohio in 1940 Utility Co. got written easement but never recorded it and ownership changed several times (last time 1976). Easement not recorded on deeds. Utility had power lines on property since 1940. My position no easement till they sue for easement and then it would be only for the width of power lines above and they have no right to poison vegetation (&trees) on either side of lines since they do not continously occupy property. Utility wants access thru property to service lines even to cross property to service lines on property of others. Poisoning was never mentioned in original easement and utility claims "we did it in the past, we can do it now". My position at most is that they have 5 foot easement a half mile long, with no right to cross my property and destroy my seedlings since power line is not next to the public road. Am I correct? and do they owe me for previous

    My position no easement till they sue for easement and then it would be only for the width of power lines above and they have no right to poison vegetation (&trees) on either side of lines since they do not continously occupy property.


    Your position is wrong.

  3. #3
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    Default Re: Utility rights extend to ?

    I think what Sr. Judge is indicating is that with an express grant of an easement, and the use of that easement over 65+ years, the easement remains fully operative even if it wasn't recorded.

  4. #4
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    Default Re: Utility rights extend to ?

    Quote Quoting Mr. Knowitall
    I think what Sr. Judge is indicating is that with an express grant of an easement, and the use of that easement over 65+ years, the easement remains fully operative even if it wasn't recorded.
    Most utility companies will NOT record easements because they have too many (they think) and they do not want to pay all those recording fees.


    (I disagree with their attitude but they never asked me my opinion.)

  5. #5
    Join Date
    Jan 2007
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    192

    Default Re: Utility rights extend to ?

    Quote Quoting seniorjudge
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    Most utility companies will NOT record easements because they have too many (they think) and they do not want to pay all those recording fees.


    (I disagree with their attitude but they never asked me my opinion.)
    I'm not sure how it works in common law states, but in Louisiana an agreement concerning tangible immovable property is not valid against third parties until recorded. So, as I understand the situation if this were in Louisiana the easements wouldn't have any force at law because they were not recorded thereby not giving any subsequent property owners notice that there were in fact easements against the immovable.

  6. #6

    Default Re: Determining the Extent of a Utility Easement

    So, as I understand the situation
    And there's the problem.

  7. #7
    Join Date
    Jun 2006
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    5

    Default Re: Determining the Extent of a Utility Easement

    oNCE THE COURT SAYS THERE IS AN EASEMENT HOW BIG ? THE LENGTH OF THE WIRE , THE LENGTH OF 10 FEET ON EACH SIDE? 100 FEET ON EACH SIDE? 1,000 FEET ON EACH SIDE ? OR DO THEY HAVE FREE ROMP OVER ALL MY PROPERTY? AND DO THEY HAVE THE RIGHT TO POISON MY LAND OR SHOULD THE UTILITY DO "BY HAND CUTTING" VEGETATION ? POISONS WEREN'T USED IN 1941.

  8. #8

    Default Re: Determining the Extent of a Utility Easement

    They have the right of ingress and egress as necessary to maintain the lines and also to remove trees or vegetation as necessary. Aerial spraying is common and legal in most states. The width of the ROW is basically whatever they need for the existing line. If they build a newer/higher line that could be considered a burden on the easement seince they would need more width.

    Your best option is to ocnsult with their maintenance department and develop an agreement regarding your property. Gates, locks, roads to be used, etc.

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