Hey, guys. Long-time reader, first-time poster.
Anyway, here's the low down on the problem of the moment:
A little under 6 years ago, we bought some property whereupon we built a house. About 600 feet of our property line runs roughly parallel with some power lines.
We obviously understand that the power line people have an easement there as a matter of right. But the thing is:
Around two or so years ago, I came home to find a note on my door from said power company that there were some trees in the easement area which they were going to cut down because they were potential threats to the power lines. These trees were about 40 feet away from the power line, and the power company (actually contractors) mentioned that their easement is for 50 feet on either side of the lines. No biggie.
Last year, the same contract company came around wanting to further prune away some trees which were beyond 50 feet. We said okay to that as the trees there aren't important to us; we let some of our animals graze there anyway. But the contract guy said at that time they have an easement of 87 feet in either direction and that he was sorry for any confusion of the previous year's 50 feet bit. No biggie.
So, I get home today to find a note on the door from a contract company coming out to prune away yet some more trees. Now they claim they have an easement of 100 feet to either side of the lines. And, within the easement they want to spray some kind of plant killing chemicals because they bushes and what not there are threatening to the power line. Yes, these 3 foot tall bushes are a threat to its safety apparently. So too are my 25 foot tall trees which are, says the guy, 96 feet from the lines.
There is nothing I can see in our paperwork which grants to them an easement of such a great distance. So, I'm not at all kosher with this because the trees they now want to cut down are actually in my yard proper. Moreover, I'm not fond of their using poisonous chemicals in my yard because of the aforementioned animals we have.
I called to speak with them and was curtly told that the lawyers had previously made a mistake (apparently two years running now) and that the easement is really 100 feet and there's nothing we can do about it. They'll be out in the morning to remove the trees, but as a courtesy they're willing to cut de-limb and cut the trees to whatever length we specify.
So, I'm not really sure what to do since they're coming in the morning. Obviously, I'm not going to let them on my property beyond what is actually delineated in our papers. But I'm not sure what to say to the actual wood-cutters when they show up other than don't bring a chainsaw to a gun fight. (I jest).
So, any advice on what to do to stave off the tree-cutting monkeys would be lovely.
Also, is there a type of easement which could exist beyond what is stipulated in our deed which wouldn't be in a public record, or that we can't actually dispute?
This isn't an area of law where I'm at all well-read; so anything to get me in the right direction would be loverly.