Need To File For Encroachment Of Grant Of Easement, But Easment Is Unrecorded

[sunnyc123abc]

Hi, I was wondering if someone could give me some information on an Unrecorded easement. I have a power pole on my property, and two power lines running over my property to the power pole. For one of the lines, the power company has prescriptive rights. But for the other line, there is an unrecorded easement. What does this mean? Thanks.

The reason I ask, is that I am building a house on my property and I need the Utility company to raise the line about 6ft. They said its going to cost about $5k to do it. And I needed to request for encroachment of grant of easement. But the easement is unrecorded.

Thanks

[aaron]

You are stating that there was a formal, written grant of an easement, but that the easement was never recorded? Or are you saying something else?

[sunnyc123abc]

Not sure really...haha. On the title report it says unrecorded easement, and when we had the power company do a rights check, they said there is an unrecorded easement for the facilities.

[LandSurveyor]

I recommend that you request in writing a copy of the easement from the power company. If they are a large company they will have a website which may explain procedures, provide request forms, and give their time frame for providing easement copies.

[sunnyc123abc]

So I received the easement, but its just a note from 1931 between the power company and the company that owned my property. It was never recorded with the county. Can they still use this? Also they denied my encroachment request, but they also sent me plans for raising the lines and a price. Does this mean they will still raise the lines? If not, is there anyway to fight it because the footing for the house has already been poured. Thanks for your help.

[LandSurveyor]

" Can they still use this? "

Yes, it can be perfectly valid. Without knowing the specifics, I can't tell if it's a blanket easement or not. From that era, it's probably a blanket easement.

That doesn't really affect the fact that you need to get your checkbook out if you want to complete construction.

[sunnyc123abc]

So the encroachment is for allowing me to build under the lines without any modification to them, right? So that means that if they sent me the plans for raising the lines, and the price, that they will do it if I pay? Thanks for your help.

[LandSurveyor]

So the encroachment is for allowing me to build under the lines without any modification to them, right? So that means that if they sent me the plans for raising the lines, and the price, that they will do it if I pay? Thanks for your help.

Sorry for the delay as I was on vacation.

If they sent you plans and an offer which you do not completely understand, and they cannot explain it to you satisfactorily, you should take all of this to an attorney for advice and, possibly, representation.