What is the obstruction is in the air over their property, I think I've read on this forum that an easement is needed for any crossing of property whether it's underground on the ground or in the air?
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I spoke to that previously.
OP came back with some different solution, which included this current view obstruction. I took that to mean the POCO has simply hung a long line not over the OP's property but within his view. If so, OP most likely has no claim to seek damages or demand it be changed.
Just as I said before, yes, if it is over the OP's property, the POCO would need an easement.
We have spent a long time with the PUC trying to resolve this issue and are looking for information on Prescriptive easements. PP&L claims to have a Prescriptive Easement on the pole. There is no written or formal easement. I have heard that a prescriptive easement is one that allows the utility company to maintain the EXISTING service(s) on the pole. Any new additions to the pole/service would require an easement. Am I correct on this?
Thanks in advance
it takes 10 years for a prescriptive easement. I don't remember seeing how long the pole had been there. If it has been less than 10 years, there is no PE.
I agree that even if the pole is allowed per a PE, any other encumbrances would not be so, a new line from the pole would not be allowed without your permission for it to cross over or under your land. at least that is my take on it.
JK, et all,
Thanks.
The pole had permission to be there for our use. PP&L cannot have a PE since it was not "hostile". We gave "permissive use" for which denies PP&L from being granted "adverse possession" or a "Prescriptive Easement".
Are we correct on this?
Here is a link to some info: http://www.nmitraining.com/2010/03/prescriptive-rights/
Thanks again.
absolutely. Not sure what I was thinking of. Got lost in the fact that they brought it up I guess. I had to go back and re-read some of the thread to refresh my memory as to what is going on.
Pole is on your property by your permission so there is no PE. If they run a line either over or under your property other than what they currently have permission for (your feed), they need an easement for that. They cannot simply take your property (air rights in the overhead feeds) without permission or a courts order (and then you would have to be compensated for it).