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  1. #1
    Join Date
    Apr 2019
    Posts
    1

    Default Use of a Telephone Easement to Replace an Overhead Line With a Buried Line

    My question involves real estate located in the State of: NY

    My Question is in regards to an telephone easement. I recently got my telephone service updated to fiber optic. They need to bury the line but the pole is on the neighbors land and he is having a fit over it. Now The telephone company does have an easement from the original owner of the land giving the rights for service to my property. It's a certified document with all the marls and seals of the county. Basically it States that they have the right to use the utility pole and bury wires to my property, they can remove and update said service any time and are to leave the land as it was basically plant seed if needed.

    Now I showed him the document. I was here before he brought that property and he says that he had no knowledge of the easement from the prior owner and that its his legal right and they should move the service and pole to my property. And he's going to sue me and the phone company. I told him that it's not my fault the previous owner did not disclose but to my knowledge since the easement is dated from 1982 and has all the proper seals he cant dispute it the easement carries over to whom ever owners the property and allows who ever owns my property. there is also access of electric from the same pole and five years ago when they were updating the service he tried to pull the same stunt saying that NYSEG would need to relocate the pole to my property he sent letters out to me and NYSEG stating he was suing us. They had a power easement and which he claimed he knew nothing about but nothing happened???

  2. #2
    Join Date
    Jan 2006
    Posts
    38,714

    Default Re: Telephone Easement

    I don’t really see a question but my suggestion is to ignore the guy unless he actually files suit.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Use of a Telephone Easement to Replace an Overhead Line With a Buried Line

    Is it reasonable to infer that the telephone company will be installing the line? If your proof of an easement is good enough for them, then they'll proceed with the work. I can't rule out the possibility but I doubt that your neighbor is going to run to court to get an injunction, particularly after he gets a quote on the cost.

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