Power Lines Placed Outside of Easement

**surfsun** · 08-29-2011, 06:28 AM

My question involves an easement in the state of:VA
I have a three acre parcel and in the middle of it there is a pump house which is owned by the city (va beach) 50’ x 50’ and they have an easement going to pump station, my problem is the power company has an 10’ easement to pump station to a transformer that supplies the subdivision they replaced the lines several years ago and are not in there easement or even close to any easement ; they are off by over 100’ they are aware of their mistake but are not going to correct it. They informed me to take them to court which will be costly for me and they have very deep pockets, is there anything else I can do?

**flyingron** · 08-29-2011, 07:23 AM

You might try to see if you can get the city on your side, try the public utilities department.

**surfsun** · 08-29-2011, 11:04 AM

Unfortunately no the city will not help in any way and I forgot to mention the lines are underground and it will be impossible for them to run without using my property.

**LandSurveyor** · 08-29-2011, 05:51 PM

How long have the lines been in place?

**surfsun** · 08-30-2011, 04:39 AM

The original lines were put in before the subdivision was built and were within their easement over thirty years ago; then about four or five years ago they updated there lines and ran new ones well outside their easement at the time they were installing the new ones I put them on notice that they were on my property and nowhere near there easement. They informed from the beginning that they would never pay me a penny and they would move there lines first which is not possible now. With the homes there now it is impossible for them to run their lines without using my property and getting a new easement from me.

**LandSurveyor** · 08-30-2011, 08:39 PM

I would recommend that you get a local attorney to look into the situation to determine if the power company has any rights, exclusive of the easement, to have their lines where they are.

It's theoretically possible that the original agreement for the 50x50 area provides a blanket easement for power to the site. There are other possibilities also. They all need to be run down. Some may be recorded, and those can be discovered fairly easily. If none are found, your attorney can start the letter writing and contact the legal department of the power company directly about the apparent trespass. If there are unwritten claims, that should flush them out into the open and your attorney can advise you about them. If no valid claims are found, you and your attorney are in a position to deal with a trespass. My guess is that the legal department of the power company may not be so eager to blow you off as the lower level personnel if there is an actual trespass.

Good Luck!