Fiber Optic Cable Buried Without an Easement

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

I recently discovered that a fiber optic company buried their cables on my land without an easement. They stated that it was city property. I have called the city to inform them and they are "looking into it", although I don't foresee a lot of cooperation from them. What are my legal remedies for this?

thanks

Where are the cables located on your property? Are they running close to and along the street where the city probably has an easement or are they crossing your land somewhere else? Just because they may be located in a city easement doesn't necessarily mean the company can use it without the city's permission though.

If they are within a legally created utility easement youre out of luck.

If they are outside of any easement, tell them to move them.

To determine whether they are within an easement or not you will need a survey. If this is enough of an issue to you, start with hiring a survey.

I agree that it's likely a utility easement that has been there long before you ever got there and that the cable company has a contract with the city allowing the cable company the right to run the lines there.

However, you might not need to pay for a survey. Utility easements are often shown on the plat maps on record at the County Assessor. Go ye there and look it up.

Thanks, they are running along the sidewalk adjacent to the street. There is no easement there to my knowledge. I purchased the property from the city over 10 years ago and I assume they think it still belongs to them so they the go ahead to bury the cables.

thanks

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Quoting shanelloyd

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Thanks, they are running along the sidewalk adjacent to the street. There is no easement there to my knowledge. I purchased the property from the city over 10 years ago and I assume they think it still belongs to them so they the go ahead to bury the cables.

thanks

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I suspect there is a utiltity easement, especially given the location described. You need to research that. Start with the deed transferring ownership to you. If it doesn’t explicitly define an easement, look for terminilogy such as: subject to all easements and encumbrances of public record. Then start researching the title history to see if there is an easement on record.

You also might just ask the owner of the fiber if they have documentation to show an easement there. They often keep stuff like that fairly handy to stop arguments before they get very far.

thanks

Even if the current deed doesn't have anything about easements and encumbrances, earlier ones are almost always binding. The "subject to" stuff just means in warranty deeds that the no warranty about those is being made.

Surveyors often know how to research these (as they often are asked to plat them). The alternative is have a real estate lawyer look into it. You're going to need one if you want to force the issue anyhow.

If the fiber optic cable is run on the right of way for the street in front of your house, you can forget about any of what has been posted. A street right-of-way is measured from the center line of the road onto your property. It usually includes a grassy area and sidewalks and utilities. That ROW is owned by your town and they can contract with whoever the wish to install utilities. If it is there, it is likely a legal use of the ROW. Don't waste your time or your money on a survey.

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Quoting budwad

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If the fiber optic cable is run on the right of way for the street in front of your house, you can forget about any of what has been posted. A street right-of-way is measured from the center line of the road onto your property. It usually includes a grassy area and sidewalks and utilities. That ROW is owned by your town and they can contract with whoever the wish to install utilities. If it is there, it is likely a legal use of the ROW. Don't waste your time or your money on a survey.

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Actually what has been stated is not irrelevant. A roadway row is just that. It may or may not include a utility easement. The terms of the utility easement may also demand certain specifications the utilities must follow. (As an example) Not all easements allow underground for all utilities and not all easements allow overhead installs

And a survey is required to determine the boundary of the easement. Not all roads are placed center in a row. Whether it be intentional (such as to allow a larger utility easement on one side) or simply due to sloppy installation the center of the paved roadway isn’t always where you start measuring.