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  1. #1
    Join Date
    Sep 2014
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    4

    Default No Easement in Place, Two Utility Poles on Property

    My question involves an easement in the state of:California
    I recently purchased a property that has two utility poles on it carrying electricity to a barn at the back of my property and then going underground to carry power to my neighbors behind me. There is no easement recorded in the title report and I received confirmation from PG&E that there is no easement for PGE to have the poles. PG&E had not done any of the required maintenance around the poles for years. The poles also are very tall, and I do not think they are typical residential poles. Two weeks after I moved in the wires were blown around in a wind storm, sparked against each other, frayed and broke, landing on the ground near the pole, continuing to spark. The fire department and police came out, and finally PG&E came out and replaced the wires with the exact same uncovered live copper wire.

    I've called PGE to ask about getting the poles removed and the wires either placed underground the full length of the property or moved to the neighbors driveway - on the other side of another property - and reinstalled there. I have been willing to negotiate with PG&E about how to proceed yet have gotten lots of delays and runaround. Recently I received a bill from PG&E for $1000, with a statement on it saying that if I don't pay the bill within 90 days PG&E has the right to cancel my inquiry, and if I do pay the bill then "By going forward with this project and paying the engineering advance to PG&E you are also agreeing to pay PG&E for all costs PG&E incurs for your project in the even that your project is cancelled even if the costs PG&E incurs are more than this advance." This notice stunned me. I've received no project proposal, had no conversation about likely costs, seen no timeline, and gotten no assurances that a project could go forward and that PG&E would cooperate.

    This seems unethical to me even if it may be legal. My questions are: What rights do I have as a property owner with respect to poles placed on property without an easement. Are there restrictions on the types of poles and wires that can be placed across a residential property? If PG&E has not lived up to its requirements for pole and wire safety does that weaken their claim to any pre-existing use? What types of negotiations or shared costs usually happen when trying to correct a situation like this?

    Thanks for any responses.

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: No Easement in Place, Two Utility Poles on Property

    It sounds like your property was subdivided from a larger parcel that included said barn at one time.

  3. #3
    Join Date
    Sep 2014
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    4

    Default Re: No Easement in Place, Two Utility Poles on Property

    The barn is mine and on my property.

  4. #4
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    Default Re: No Easement in Place, Two Utility Poles on Property

    Then it is likely you are responsible for all maintenance costs between the road and barn and the rear parcel was divided from the same lot in the past.


    Quote Quoting arlyman
    View Post
    The barn is mine and on my property.

  5. #5
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    Feb 2014
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    Default Re: No Easement in Place, Two Utility Poles on Property

    What did the PSC say when you asked them your question?
    http://www.cpuc.ca.gov/puc/

  6. #6
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    Sep 2011
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    OH10
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    Default Re: No Easement in Place, Two Utility Poles on Property

    Here is an interesting discussion of the types of easements and how they are gained for various purposes including utilities in CA.

    http://www.dot.ca.gov/hq/row/landsur...Chapter-05.pdf

  7. #7
    Join Date
    Sep 2014
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    4

    Default Re: No Easement in Place, Two Utility Poles on Property

    Who is PSC?

    - - - Updated - - -

    thank you Disagreeable - this is helpful. There is no easement now or right of way. The poles and wires go right up the center of my property. I believe there may have been an intent to subdivide this parcel and PGE put the poles up before any subdivision was granted. This parcel has always been one property that is privately held. Mostly i'm trying to get info that i can use to negotiate with PGE to get their cooperation so this information will be useful.

  8. #8
    Join Date
    Feb 2014
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    Default Re: No Easement in Place, Two Utility Poles on Property

    Quote Quoting arlyman
    View Post
    Who is PSC?

    - - - Updated - - -

    thank you Disagreeable - this is helpful. There is no easement now or right of way. The poles and wires go right up the center of my property. I believe there may have been an intent to subdivide this parcel and PGE put the poles up before any subdivision was granted. This parcel has always been one property that is privately held. Mostly i'm trying to get info that i can use to negotiate with PGE to get their cooperation so this information will be useful.
    Public Service Commission. The regulatory body for utilities in your state. If you had simply followed the link, you would have seen that.

  9. #9
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: No Easement in Place, Two Utility Poles on Property

    The days when utility companies gave away infrastructure in return for customers is long gone. Now you have to pay for everything.

    I suspect that one of the original owners of the property had PG&E install those poles to service the barn. That probably created a maintenance easement but would not be recorded. Then it was cost effective to tap off that service to service the neighbor's property at a later time so they did it.

    If you want to know what PG&E can legally charge and do if you want the poles moved you go and read the tariffs and contracts here.

    About 6 years ago we needed a pole installed to relocate the service line that came in through the back yard. The line cut diagonally across the yard and had to be moved so a pool could be installed. Obviously, not allowed to have power lines over a swimming pool. At first the utility said no problem and located where the pole would go on our property and said it would be a freebe. Then a guy shows up with the contract that said we grant maintenance access and the cost would be $2,700 for the installation of the pole.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: No Easement in Place, Two Utility Poles on Property

    Actually they do give away infrastructure for INITIAL service, but asking them to move something that has no benefit of increased service is going to cost.

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