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  1. #1
    Join Date
    Feb 2012
    Posts
    6

    Default Utility or Cable Lines Across Front Yard

    My question involves an easement in the state of:Virginia.

    Sorry this is so long.

    I have spent hours reading this board after registering, and have learned quite a bit about easements and right of way. Make sure I have this right: right of way is the area that the town reserves for roads and the area near them for water and sewer, and they grant the utility companies an easement to place poles and wires in the right of way. I can also grant an easement for someone else (say, a neighbor, or utility company) to use my property while retaining ownership (like the town does for the right of way).

    Easements are not recorded for the utility company to provide service to a residence from the right of way (when I worked installation and repair for the phone company, they said it was implied easement, but I found out here that's not what implied easement is).

    Our local cable TV company (Comcast) must use the "public way" to hang their distribution cables, per their charter. Since cable tv is not considered a utility, they do not inherit the use of utility easements.

    There is a utility pole on the front left corner of our lot. Our power, phone and cable tv drops come from this pole, as do the drops to our neighbor to the left. The power and cable tv drops to our neighbor on our right also come from this pole, and run diagonally across our front yard to her house, coming within 3-4 feet of our porch, and the power drop actually goes over the corner of our porch. Her phone drop comes from a pole on the other side of her front yard.

    I have been fighting with Comcast for a month this time, to remove the drop from over our yard, since they do not have an easement diagonally across our yard. They removed the drop about a year ago, but put it back up last month when our neighbor had cable reinstalled.

    After a month of calling and visiting the local office, going up the chain to the installation/maintenance manager, someone FINALLY came out to move the drop. They did not come to my house to talk to me. They spoke to the neighbor's (adult) grandson, who told them that he didn't want the installer to go into their basement, so they left with the drop still in place. The installer did not need to go in the basement, he could have run the drop from the other pole to the porch and then under the soffit to the existing cable box. I get the feeling that the neighbor didn't want the wire over their yard, but my yard was OK.

    I didn't find out about this until I went to the local office, spoke with the I/M manager on the phone. He said since they didn't want to let the installer in the basement, they weren't going to move the wire. I asked him if their wishes were more important than my property rights. I don't remember exactly what he said because we were both pretty angry, talking over each other. I ended up getting telephone number to their legal department.

    Anyway, does the power company have a prescriptive easement diagonally across my front yard since the drop has been there for several years, and if so, does Comcast get to use it without my permission?

    I haven't approached the power company yet, I thought I would use Comcast as a trial run, since I figure power would be more difficult. Thank you for bearing with me, and I appreciate any advice you can give.

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

    Default Re: Utility or Cable Lines Across Front Yard

    Service drops from main lines to private homes rarely use easements. The use is permissive and usually covered in the request for service or other agreement between the customer and supplier. If you are also a Comcast customer, you should first look to the service contract you agreed to. It may contain a provision giving Comcast permission to run cable over your property to other customers.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Utility or Cable Lines Across Front Yard

    how high above the roof is the power line at its closest?


    and a question to you since you did phone installs. Is a phone considered a utility? If so, since Comcast is a phone provider now, would they then be reclassified as a utility?

  4. #4
    Join Date
    Feb 2012
    Posts
    6

    Default Re: Utility or Cable Lines Across Front Yard

    Thank you for your replies.

    Phone is a utility. My research on cable and utility returns court cases where cable is not a utility because it is not a monopoly, because people can opt for satellite or off the air for tv service. I "think" that since they are primarily an entertainment provider that classification would not change. Either way, if power does not have easement over my yard (outside the ROW), they should not be running their wires there.

    The power drop looks to be less than 6 feet above the porch roof.

  5. #5
    Join Date
    Feb 2012
    Posts
    6

    Default Re: Utility or Cable Lines Across Front Yard

    What if I write a letter to the legal department, granting them (Comcast) a permissive easement, then revoke it, give them 10 days to remove their property or I will remove it for them? Or why can't I just remove the wire myself, since it constitutes a trespass, right?

  6. #6
    Join Date
    Feb 2012
    Posts
    6

    Default Re: Utility or Cable Lines Across Front Yard

    Who actually owns the cable in my house? I know the phone wire is mine, after the demarc, but what about cable tv wire? They removed the drop from my house AND cut and removed wire going into my basement and pulled it out from under the soffit.

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Utility or Cable Lines Across Front Yard

    As I said in my first post to you, you need to look to the service agreement you signed when you agreed for service with Comcast. You would not have service without having signed it. All of your questions are likely addressed there, along with your legal remedies. Please get it and read it before posting again.

  8. #8
    Join Date
    Feb 2012
    Posts
    6

    Default Re: Utility or Cable Lines Across Front Yard

    Nothing in there about using my yard to get service to the neighbors. Here is what they say about inside wiring (italics mine):

    c. Inside Wiring. You may install Inside Wiring, such as additional cable wiring and outlets, provided it does not interfere with the normal operations of our cable network. If you have us install Inside Wiring, we will charge you for that service. Regardless of who installed it, we consider the Inside Wiring your property or the property of whomever owns the Premises. Accordingly, you are responsible for the repair and maintenance of the Inside Wiring, unless you and Comcast have agreed otherwise in writing. (If you do not own the Premises, contact your landlord or building manager about the repair or maintenance of Inside Wiring.) If you have us repair or maintain the Inside Wiring, we will charge you for that service.

    So they vandalized my house (more or less) by cutting the wires going inside. I did finally find an address to write if the local office cannot resolve problems. Now I can start writing letters instead of dealing with the customer care telemarketers.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Utility or Cable Lines Across Front Yard

    Comcast does not claim the cable beyond the demarc. If they removed cable after that, I suspect you really pissed somebody off since generally they disconnect the feed at the pole and leave the service drop in place (at least in my area) unless specifically asked to remove more than that.

    as to the neighbors power line over your house:

    I still have to look it up but U believe that is not legal. You might contact your local electrical inspector or building inspector and inquire with them. They would have the authority to demand it be moved if it is not a legal installation.

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