Who Can Enter a Public Utilities Easement
I am in Escondido, California. I have a 50' public utility easement across the back edge of my 3/4 acre residential property. It's about 25% of the property. It's marked as "50' public utility easement granted hereon" on the parcel map
A neighbor has decided that land is "City property, therefore public property and anyone can use it at any time." They hang out in the rear of my yard and yell at me about their rights and that I can't do anything about it if I ask them to leave.
I've called the police and they said - "They tell us it's city property and we don't make people leave city property unless they have broken some other law." When I told them I had title papers showing it is a utility easement on my property, they didn't want see them.
Before I spend money talking to an attorney, does a public utility easement on private residential property make it public property open to anyone who wants to come in? I would expect it would only entitle the utility companies access and normal private property trespass rules should apply to anyone else.
Re: Who Can Enter a Public Utilities Easement?
Q: Before I spend money talking to an attorney, does a public utility easement on private residential property make it public property open to anyone who wants to come in?
A: No.
Re: Who Can Enter a Public Utilities Easement?
You should get a copy of the easement document and read it exactly. I am guessing here but would think its an electric utility easement which should only give rights to the electric utility their successors and assigns. Even if its a city owned utility it is still a utility easement and the document will state what rights they have. I doubt it grants the rights for the public to hang out. If the police will not help call the city attorney and ask for a meeting. Take a copy of the easement with you and talk to him or her. Ask for a letter on his stationary stating what rights he or she thinks they have or don't have. Next time the neighbors show up call the police and let them read the letter. Sounds like the city easement has created a attactive nuisance. Keep us informed.
Re: Who Can Enter a Public Utilities Easement?
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landagent
You should get a copy of the easement document and read it exactly. I am guessing here but would think its an electric utility easement which should only give rights to the electric utility their successors and assigns. Even if its a city owned utility it is still a utility easement and the document will state what rights they have. I doubt it grants the rights for the public to hang out. If the police will not help call the city attorney and ask for a meeting. Take a copy of the easement with you and talk to him or her. Ask for a letter on his stationary stating what rights he or she thinks they have or don't have. Next time the neighbors show up call the police and let them read the letter. Sounds like the city easement has created a attactive nuisance. Keep us informed.
The easement has city water and sewer in it. I'll have to get a full copy of the easement document if I can't find it in my title docs. Thanks
Re: Who Can Enter a Public Utilities Easement?
An easement only gives access to the people that it is granted to. It does not determine ownership. In your case the easement gave the city the ability to run water and sewer lines accross your property. As well as to maintain those items. It does give the city ownership or make that 50 foot strip of your property public property. The people are trespassing and the police should be enforcing the trespassing laws for your state.
Re: Who Can Enter a Public Utilities Easement?
The power company probably doesn't want people "hanging out" in proximity to their equipment either. Report the problem to them, tell them you've had difficulty in getting the police to evict trespassers, and ask them to contact the police as well.
There are tens of thousands of laws on the books. It's hard to get the police to act on ones they aren't familiar with.
The suggestion to contact the city attorney is good too. They'll contact the brass at the PD, who will put out the word in shift briefings, and you'll have the constables straightening out your neighbors.
Re: Who Can Enter a Public Utilities Easement?
You can fence the easement if it is actually on your property so long as you maintain access in case the utility company needs to work on the lines. If allowed in your area you could use barb wire and metal posts which are cheap and some no trespassing signs. Be sure to clear it with the utility first and have your lines surveyed.
Re: Who Can Enter a Public Utilities Easement?
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bigcountrysg
. It does give the city ownership or make that 50 foot strip of your property public property. .
did you forget the "not" between "does" and "give"
I hope so becaue if you meant to post what you did, you are wrong.