My question involves an easement in the state of: Colorado
Hi everyone. This is my first post here. I have a question concerning an addition I'm building on my property. When we did locates for utility lines, we discovered a phone line to the neighborhood about 15 feet off the back of our house. This line was not very deep and was in the way of the addition's foundation. I had a title company search for easements, and they discovered that the easement was for the first 35 feet of our western boundary. The current location of the line is about 80 feet from our western boundary. We waited 4 weeks for a phone company engineer to show up to explain the situation and they said that we should try not to cut the line creating the foundation, but if we did, he would leave some cable so it could be quickly fixed. Well, we cut it twice over the course of our work and both times the initial crews claimed we would have to pay for the work, but after showing the higher ups (engineers) the easement deed, they quietly fixed the line and left. Our backyard has a large hill behind it (the easement is supposed to be near the top of this hill). We need to build a retaining wall now around the addition to keep the hill back. The line is in the way again. A friend at work said that I should send them a letter informing them the line is in the way and it isn't ok that the line remain there. He said he heard that if a homeowner knows of a utility line outside an easement and they let it pass, then an easement will become a matter of fact and we won't be able to get them to remove the line. I read on this forum that isn't the case and most likely they will need to sue us to get the easement. Did I read that correctly? Do I need to sue them to get them to move the line? I'm assuming since I haven't seen a bill for either incident where the line was cut that I'm liable for any expenses in repairing the line. I just don't want someone to claim that since I let it slide that now there is one right off the back of my house.
Sincerely,
Eric