Results 1 to 10 of 10
  1. #1
    Join Date
    Apr 2011
    Posts
    3

    Default Adding an Electrical Line to a Right of Way Easement

    My question involves real estate located in the State of: New York.
    Someone recently purchased a lot of land which abuts my property. This lot is landlocked but has a right of way dating back to the late 1800's. He wishes to bury electrical cable under the logging road that is his right of way. Since his deed does not specifically state he has an electrical easement is this legal? Thank you for your time.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is Right of Way an Electrical Easment

    if the easement is listed for access only, then that is what it is. Generally, unless the creating document states it is for utilities, it isn't for utilities.

  3. #3
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Is Right of Way an Electrical Easment

    Thank you for your reply and information. The party has since dug a trench and buried conduit not in the right of way but across my property at the shortest point from his property to the nearest electrical line. Any comments on how to proceed? If I retain a lawyer and he loses the case will he be liable to pay my court and lawyer costs? Thanks.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is Right of Way an Electrical Easment

    You can always ask for legal fees. They are not typically awarded but you can always ask.

    Personally, if I saw somebody digging a trench across my property I would have called the police.

  5. #5
    Join Date
    Nov 2010
    Posts
    21

    Default Re: Is Right of Way an Electrical Easment

    Quote Quoting jk
    View Post
    You can always ask for legal fees. They are not typically awarded but you can always ask.

    Personally, if I saw somebody digging a trench across my property I would have called the police.
    I agree .... When you ask him about it what did he offer as an explaination?

  6. #6
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Is Right of Way an Electrical Easment

    I would call the police now and at least get a report done. Call the power company and or the contractor that put the conduit in and ask under what authority they did the work on your property. They need to be put on notice that they have no rights on your property unless they show you otherwise. Call the landowner who authorized the work and put him on notice and demand that the conduit be removed from your property unless he can show absolute authority to install. Lots of options here but the ideas here are a start. Keep the board informed. Thanks.

  7. #7
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Is Right of Way an Electrical Easment

    Already called the police and was told that it was a civil matter as they do not know who does or does not have an easement. The landowner is the one who installed the conduit but it is not hooked up to the power line yet. The landowners lawyer contacted me to let me know that his deed stating right of way (from the late 1800's) covers running electrical lines. I am researching the deed now. I am currently living out of state so that makes it difficult. Thanks for all the input. Will keep you informed.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is Right of Way an Electrical Easment

    Quote Quoting tikifam
    View Post
    Already called the police and was told that it was a civil matter as they do not know who does or does not have an easement. The landowner is the one who installed the conduit but it is not hooked up to the power line yet. The landowners lawyer contacted me to let me know that his deed stating right of way (from the late 1800's) covers running electrical lines. I am researching the deed now. I am currently living out of state so that makes it difficult. Thanks for all the input. Will keep you informed.
    well, based on what you stated previously:

    The party has since dug a trench and buried conduit not in the right of way but across my property at the shortest point from his property to the nearest electrical line.
    whether utilities are allowed or not is irrelevant. If he was outside the easement, nothing is allowed.

    as to it being civil or criminal: it's both. the cop just doesn't want to get into the middle of it. Personally, I would push the issue with the cops based on the fact they are outside of the easement and as such, it is trespass as well as damage to your property. I would argue that at least he write a report so when it is discovered later the neighbor was in the wrong, you can contact the prosecuting attorney to seek charges. Even now if you wanted to push the issue you might consider contacting the prosecuting attorney.

    as to the easement specifically allowing electrical service in the late 1800's, a bit of history:

    unless you are in a city (and most likely a major city) it is unlikely. Electrical service was in its infancy in the late 1800's and as such, to specifically list allowance for electrical power in any place other than within a city that had an established utility service would be unusual. Edison's first generating station opened in 1882 and for several years, electrical use was limited to public facilities and very limited private users. While that generating station was in New York city (don't know if you are NYC or NY state) it might be a possibility but highly suspect even if you are within NYC.

    of course if it was a general utility easement, that could include electrical service but your statement seemed to imply the attorney stated it specifically spoke to electrical service.

  9. #9
    Join Date
    May 2011
    Posts
    3

    Default Re: Is Right of Way an Electrical Easment

    Maybe you should have called the police and told them someone was vandalizing your property. Once there, the police would likely have had to file a report and get all the info from the contractor. In any event, your neighbor needs to be notified that his contractor has encroached on your property and that you want the cable removed; Legally though, as his original right of way likely did not include utilities, you probably would be required to sell him a utility easement, and knowing that, he just went ahead and took the shortest route. Now, the courts may require you sell him the easement at fair market value unless you can show the court his route through your property substacial damages or limit your property use. In that case you could likely make him move it to his current right of way and add a utility easement to his existing easement. In any event, you have to allow him utility access. The question is, how much are your going to get paid for it and how much is it going to cost to get paid. You might get your property insurance company involved as apparently your property has been vandalized.

  10. #10
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Is Right of Way an Electrical Easment

    I am unaware of a legal concept where a private utility easement can be forced on a property owner in the nature of eminent domain, as described by a previous poster.

    I think it is a well known principle that an ingress egress easement conveys no other rights than access.

    For an interesting discussion of this topic by a surveyor and attorney:

    http://www.pobonline.com/Articles/Su...00f932a8c0____

    1. Sponsored Links
       

Similar Threads

  1. Easement on Drainage Line
    By inquisitor in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 07-14-2011, 11:23 AM
  2. Easement Line
    By Parcel Pete in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 11-18-2009, 06:13 AM
  3. Does Easement Include Adding Cleanout
    By jenniekordenat in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 03-18-2009, 09:57 PM
  4. Adding a Sewer Easement Through DNR Land to Build
    By markevans in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 12-24-2008, 03:46 PM
  5. Water Line Easement
    By fireman-175 in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 09-26-2008, 07:21 PM
 
 
Sponsored Links

Legal Help, Information and Resources