Removal of Structure on Utility Easement

**rivergal** · 07-23-2012, 09:48 AM

My question involves an easement in the state of: California

Bought a property that has a utility easement running through it. Easement document prohibits structures on the easement. Can the utility company remove the structure at its will without giving notice to me? Or do they need to notify me and give me a reasonable amount of time to dismantle it myself, if that is what I prefer to do? If I refuse to remove it, and refuse to allow them to, do they need a court order to do so?

This is theoretical, I have no problem with removing the structure, I just want to know what my rights are.

**LandSurveyor** · 07-23-2012, 05:51 PM

Can the utility company remove the structure at its will without giving notice to me?

Probably. They certainly WILL if they face an emergency.

Or do they need to notify me and give me a reasonable amount of time to dismantle it myself, if that is what I prefer to do?

As a matter of policy most will contact you if it is not an emergency, and allow you a reasonable time (to them) for removal.

If I refuse to remove it, and refuse to allow them to, do they need a court order to do so?

You can't refuse to allow them to remove it. It is a trespass on their easement. They can remove it at will and sue you for the expense.

**landagent** · 07-23-2012, 07:56 PM

If the utility has allowed the structure to stay, remain on their easement for a period of 21 or more years (in some states) they may very well have to pay the landowner for the structure and then pay to remove it. If they allowed the encroachment but now want it moved they get to pay. If the structure has wheels on it and it can be moved it may be allowed to stay. It is not just simple black or white. It depends on what, how long, etc.

**LandSurveyor** · 07-23-2012, 08:19 PM

Quoting landagent

If the utility has allowed the structure to stay, remain on their easement for a period of 21 or more years (in some states) they may very well have to pay the landowner for the structure and then pay to remove it. If they allowed the encroachment but now want it moved they get to pay. If the structure has wheels on it and it can be moved it may be allowed to stay. It is not just simple black or white. It depends on what, how long, etc.

As a municipal or county utility may have rights in the utility easement, whether currently used or not, there is no time period by statute in California which would operate to extinguish or modify their rights in the easement. To otherwise reclaim rights in the easement from the public, the servient owner would have to go to court and succeed in having it extinguished.

It's true that it is not always black or white but the shades of grey will be up to the utility or utilities or a court. Good luck there.

**rivergal** · 07-24-2012, 10:19 AM

Thank you both for your replies, they are greatly appreciated! Guess having an easement rather than owning the property is doubly advantageous for the utility company.... seeing as you can't have a prescriptive easement on an easement.....

**LandSurveyor** · 07-24-2012, 08:50 PM

If you are curious as to what might already be in the easement, you can go to this site:

http://www.call811.com/state-specific.aspx

It will tell you who to call to have underground utilities marked. Don't tell them that you are just curious, or in the planning phase of a project. Tell them that you will be installing a deck, a swimming pool, and a sprinkler system within 30 days and that you need your entire lot marked.