Page 2 of 3 FirstFirst 1 2 3 LastLast
Results 11 to 20 of 21
  1. #11
    Join Date
    Mar 2019
    Posts
    6

    Default Re: Electric Company Tree Removal

    The property deed lists no easements. I had the courthouse deed clerk search for any other easements associated with the property and there were none listed & I specifically asked “not even with the electric co?” And she said no. The only pole/lines associated with these trees are electric lines that deliver supply to us only as we are dead end of the street on a 20 acre property. If they have no easements, they have no legal rights to remove these trees, correct?

  2. #12
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,687

    Default Re: Electric Company Tree Removal

    Quote Quoting llworking
    View Post
    This is Georgia though. Wild fires are not exactly common in GA.
    More common than you would know, but since there's usually no loss of human life/habitat, it doesn't get as much press as the fires out West.
    Don't make me quote Monty Python at you.

  3. #13
    Join Date
    Mar 2013
    Posts
    16,869

    Default Re: Electric Company Tree Removal

    Quote Quoting Jenn Nelms
    View Post
    The property deed lists no easements. I had the courthouse deed clerk search for any other easements associated with the property and there were none listed & I specifically asked “not even with the electric co?” And she said no. The only pole/lines associated with these trees are electric lines that deliver supply to us only as we are dead end of the street on a 20 acre property. If they have no easements, they have no legal rights to remove these trees, correct?
    One more place to look is at the recorded plat map from when the subdivision was first created.

    Here's an example to show how it looks.

    https://recorder.maricopa.gov/PlatPdf/133PLAT241.pdf

    Zoom in to the top row of lots and you'll see the 8' Public Utility and Drainage Easement.

    Yours may vary.

    If worse comes to worse the utility company may have an easement by statute or case law. You would be wise to have an attorney look into this for you.

  4. #14
    Join Date
    Mar 2019
    Posts
    6

    Default Re: Electric Company Tree Removal

    It’s not a subdivision. It’s a private 20 acre farm property that dead ends at a small country road. The plat is also free of easements. Thanks for your advice/help.

  5. #15
    Join Date
    Mar 2013
    Posts
    16,869

    Default Re: Electric Company Tree Removal

    Quote Quoting Jenn Nelms
    View Post
    It’s not a subdivision. It’s a private 20 acre farm property that dead ends at a small country road. The plat is also free of easements. Thanks for your advice/help.
    Then you might have good grounds to seek an injunction against the removal of the trees.

    I suggest you hire a lawyer and get that now.

    When they come and start cutting the trees down you'll lose most, if not all, of them by the time you get the matter before a judge. Then it'll be too late.

  6. #16
    Join Date
    Jan 2006
    Posts
    38,532

    Default Re: Electric Company Tree Removal

    Quote Quoting Jenn Nelms
    View Post
    The property deed lists no easements. I had the courthouse deed clerk search for any other easements associated with the property and there were none listed & I specifically asked “not even with the electric co?” And she said no. The only pole/lines associated with these trees are electric lines that deliver supply to us only as we are dead end of the street on a 20 acre property. If they have no easements, they have no legal rights to remove these trees, correct?

    are the power lines along a public street or along side a private drive?

  7. #17
    Join Date
    Mar 2019
    Posts
    6

    Default Re: Electric Company Tree Removal

    The pole with these lines is on my property

  8. #18
    Join Date
    Jan 2006
    Posts
    38,532

    Default Re: Electric Company Tree Removal

    Quote Quoting Jenn Nelms
    View Post
    The pole with these lines is on my property
    Then tell them to remove the poles and leave your trees alone.


    that was hyperbolic.

    Somebody gave them an easement. They don’t run power lines without an easement. You need to speak with the folks at the power company. They should have a copy of the easement.

    Now, if the easement doesn’t address tree maintenance, you can try to tell them they can’t cut your trees.

  9. #19
    Join Date
    Nov 2013
    Posts
    6,213

    Default Re: Electric Company Tree Removal

    Quote Quoting jk
    View Post
    Somebody gave them an easement. They donít run power lines without an easement. You need to speak with the folks at the power company. They should have a copy of the easement. .
    Sometimes they do and with time, they get a prescriptive easement for the poles, the lines, and the maintenance of same. I agree that OP should be talking to the power company for proof of the easement. But lack of documentation of a granted easement doesn't mean that the utility company doesn't have or has not met the requirements of a prescriptive easement to maintain their poles or lines. And Georgia law permits a utility to maintain 10 feet on either side of the centerline of a utility by default.

    Quote Quoting jk
    View Post
    Now, if the easement doesnít address tree maintenance, you can try to tell them they canít cut your trees.
    Again, if the have an express easement granted or have met the SOL for a prescriptive easement, they have a right to maintain 10 feet on either side of the centerline of the utility.

  10. #20
    Join Date
    Jan 2006
    Posts
    38,532

    Default Re: Electric Company Tree Removal

    Quote Quoting budwad
    View Post
    Sometimes they do and with time, they get a prescriptive easement for the poles, the lines, and the maintenance of same. I agree that OP should be talking to the power company for proof of the easement. But lack of documentation of a granted easement doesn't mean that the utility company doesn't have or has not met the requirements of a prescriptive easement to maintain their poles or lines. And Georgia law permits a utility to maintain 10 feet on either side of the centerline of a utility by default.



    Again, if the have an express easement granted or have met the SOL for a prescriptive easement, they have a right to maintain 10 feet on either side of the centerline of the utility.
    The use, when supplying power to a single household is likely to be construed as permissive and as such, no prescriptive easement will be created. The prescriptive easement issue is going to come into play when the utility is feeding more than a single customer. Using an argument of prescriptive easement would mean the utility wouldn’t have to abandon the lines even if the customer ceased to do business with them.


    Along with that, a prescriptive easement allows for the continuation of the use that the prescription is based upon. That would mean if there is a easement by prescription it wouldn’t allow for the maintenance as the law allows for under a typical utility easement. It would allow only for the continuation of the activity that the easement is based upon.

    1. Sponsored Links
       

Page 2 of 3 FirstFirst 1 2 3 LastLast

Similar Threads

  1. Vegetation: Dangerous Tree Removal
    By Ninjalove in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 04-26-2016, 12:16 PM
  2. Easement Use and Enforcement: Forcing Power Company to Remove Tree or Drop Lines for Tree Removal
    By toast123 in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 09-27-2013, 01:09 PM
  3. Tree Removal in Easement
    By zanzan710 in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 10-04-2011, 12:37 PM
  4. Replies: 1
    Last Post: 01-02-2011, 10:45 AM
  5. Electric Company Right of Way
    By cavolo in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 03-22-2010, 07:40 AM
 
 
Sponsored Links

Legal Help, Information and Resources