Ohio Neighbor Restricts Access to Shared Utility Boxes

[buster499]

My question involves real estate located in the State of: Ohio

Recently I had a problem with my telephone that required the phone company to access a box located in my neighbor's yard. The utility box is fenced in (because the neighbor has an inground pool). The neighbor has a locked gate that only he has access to. He refused to unlock the gate until I could tell him EXACTLY when the utility company was coming. The utility company refused to return until they knew the gate was unlocked, putting me in the middle. I had to be difficult with the neighbor until he would finally unlock the gate. I believe that the utility companies have rights stated in the deed.

He purchased the home with the pool and fence about three years ago. He believes he has control over the utility access (phone, cable, electric 3 separate companies) and will only unlock upon prior request. I asked him for a key to use only in emergencies so that the utility companies could access when necessary. He has so far refused.

My question is: Does his right to secure his property supercede my right to have 24/7 access for emergency utility service/repairs? What legal remedies can I pursue? civil suit? involve utility companies to compel him to change fence? court order to give access?

[Mr. Knowitall]

Odds are you have no individual right of access. Odds are there's a utility easement that gives the utility company access. I would understand their reluctance to cut a lock on the gate, and I don't even know if they carry bolt cutters on their trucks, but I suspect that they would have the right to cut off the lock to exercise their rights of access under the easement.