Easement for Utilities

[deerisle422]

My question involves an easement in the state of:NEW YORK
approximately 40 years ago purchased 60 acres of land with my brother-in-law from a logging company.......located at end of logging road with other parcels located on both sides of road which are owned by others.......I always just owned my 30 acres of land but he put a trailer on what he assumed was his and used it as a hunting camp.....30 some years ago he decided he wanted electric to trailer.....he obtained the poles (they were given to him) and all the wire and supplies necessary to install it from bottom of road to trailer......he placed approx 20 poles along side of road and had gfriends help him with installation...had it inspected and turned on.....here is problem....he sued me because I did not want to sell entire parcel but instead I wanted to keep my acreage and just have it resurveyed and separated into two parcels.....well he didnt and $10,000 later (my cost) it has ended up where it is now two separate parcels.....I now own the property before his and have given him a right-of-way for ingress and egress....I own both sides of road up to his property line.....now I have 3 electric poles on my property that are in the way of me putting an entrance in to my parcel.....can I ask him to remove them? What are my rights? There was never a Utility Easement in the original deed since there was no electric and the new deeds make no reference at all to any utility easement I have to grant him or he may be entitled to.....any help is appreciated....thank you....Tom

[jk]

this should have been addressed in the partition suit. I suspect that due to the original single lot, he would win a challenge to any action you would wish to take regarding altering the poles since they were in place when the lot was partitioned and had been there for 30 years. Since you didn't feel the need to address it at the time, it will likely be seen that you accepted what was not addressed as it set.