Power Lines Run Through Backyard Without Notification or Permission

[slg1023]

We received notice from the local electric company that they needed to trim trees and we did not need to be home for this. We later find they not only trimmed trees, but ran a new line to a new home that was built across the street behind us. All other homes simply have the power line run from the street to the home across the front yard. It also appears that this new home also could have been serviced by the existing line across the street. Do we have any recourse from the power company in PA? Someone informed me that in some cases the company is basically required to pay us to "rent" the space.

[mudpie]

Without a legal easement, the power company must remove it. Expect a fight. IMO, I would contact the power company and request them to provide a signed easement agreement or remove the cable within X days. I suggest to do this in writing-return receipt. I would send the same to the new property owner in which the cable services. Trimming the trees also has a value since an easement was not in place before the trees were trimmed.

Others on this Board offer valuable opinions and direction as well...

[LandSurveyor]

Don't assume that because you cannot find a recorded easement that a right was not given by your predecessor in title many years ago.

Rural co-ops typically got a license agreement to do whatever they felt that they needed to do to provide electric power to you and your neighbors.

Without a legal easement, the power company must remove it. Expect a fight.

If you want to provoke a fight, just be prepared for the electric company to completely give in to you over this, and remove their service to you and your property. I have seen them just arrive in the afternoon and rip out the service completely.

Probably you will be able to get wind or solar power at your own expense.

[jk]

If you want to provoke a fight, just be prepared for the electric company to completely give in to you over this, and remove their service to you and your property. I have seen them just arrive in the afternoon and rip out the service completely.

seriously? I would think that would be illegal. As each state has an office that controls legal monopolies such as power providers, I would think that such an action would invoke a very quick and severe retaliation by them.
-----------------------
I would suspect there is an easement, either express or implied for the power lines that were already there BUT as to the new hook-up, they could have overstepped any such agreement.

I would contact them and inquire about any easement they believe they do have and to provide them. Since all the other homes are fed from the front, I suspect the service drop may have not be included in any easement they do have and if so, then, they would be required to request and negotiate for an easement for the service drop or re-route it via an already existing easement.

be sure to consider the possibility landsurveyor spoke of. Rather than a specific easement, there may be a general licensing agreement that comes into play.

there really is no need to get all hot and bothered, in the beginning, when dealing with this. That, in itself, my piss the POCO off enough so they do not do anything the easy way and even if wrong, make you go to great lengths to require them to take any corrective actions.

Diplomacy can go a long way in seeking information. Lack of diplomacy can go a long way in stymieing their reason or desire to assist you.

[LandSurveyor]

seriously? I would think that would be illegal.

Not if asked for by the property owner. If you ask them to get off of your property they might just do that.

Remember that the OP is asking for the utility's legal right to provide service, not only for their neighbors but also for themselves.

If the utility agrees that there is no easement or license, what obligation would they have to continue service?

As I stated in my earlier post, original non recorded documents may be in play. It might take a request in writing to the utility to get the documentation.

Don't expect the documentation to be in the "deed".

And I agree with jk that diplomacy is called for here. Confrontation is rarely productive with a utility. Patience and the gathering of information is what will produce the results you seek.

[jk]

Not if asked for by the property owner. If you ask them to get off of your property they might just do that.

Remember that the OP is asking for the utility's legal right to provide service, not only for their neighbors but also for themselves.

If the utility agrees that there is no easement or license, what obligation would they have to continue service?

.

I understand what you are saying now. I was reading it as merely a punitive action due to the disagreement.

[mudpie]

Right or wrong...fair notice was not provided to the homeowner. The homeowner has lost their right of enjoyment and the future right to build any structures underneath the service cable.

Most service entrances cross a public ROW at the street (front) then with permission of the owner cross private property. Rear entrances are rare and may cross a public ROW in the form of an alleyway (rear), but on very rare occasions cross private property without permission of the homeowner.

Again, I would ask, in a informal manner, for the PSD/electric company to provide documentation supporting their right to cross private property without the current owners permission.

Keep us informed on this one. Thanks.

[jk]

fair notice? If there is any sort of easement or license, fair notice was given years ago. How much notice do you believe is needed to make it fair?

Most service entrances cross a public ROW at the street (front) then with permission of the owner cross private property. Rear entrances are rare and may cross a public ROW in the form of an alleyway (rear), but on very rare occasions cross private property without permission of the homeowner

.and we are suggesting there may be permission already given at some time and to investigate that.

and requiring the current owners permission is not needed if the right was given by a prior owner (which is what we are suggesting be researched). Current owners permission was given by purchasing the property with an easement or license already in place.

I don;t know where you come from but rear entrances are rare? Not even close. I can walk down the street 100 yards and see a mile worth of rear entrance services. Then, the lines move to the front of the properties and there is a mile of front entrances. In fact, my service entrance enters the rear of my property while it enters the front of the neighbors property. Such a statement has no support.

[mudpie]

JK: Every situation is different. Mine was an example.

Lets wait and see what the poster finds after contacting the power company.

Another example: Just because a gas company has the right to "build" an access road; it does not imply they have a right for ingress and egress.

[jk]

JK: Every situation is different. Mine was an example.?

actually, it wasn't. It was a statement and an incorrect one at that. Obviously, this is now in the OP's hands now.

and what does your gas company situation have to do with the current question? Nothing I can see.