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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default New Telephone Poles On My Property

    I already have one pole on my property and Duke power in NC wants to put another in. They are going from 1 phase to 3 and the added weight requires another pole. The kicker is that right after my lot they are going to bury the lines for a new (more exspensive) devlopment. They have an easement, its on the lot plat, but I have no paper work showing their rights. I approaced the engineer as he did the sight survey and he refused to bury the wires on my land.

    My questions,

    1. Is their an appeal process?

    2. Do they have to notify me of their plans, and tell me when they plan on comming onto my land.

    3. They are burying the wires on the next lot for free in exchange for the revnues they will generate. Can I appeal their plan and get them to bury wire on my land as well?

    Any and all advice I can get to help prevent me from having a second eyesore on my property would be great.

    John

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: New Telephone Poles On My Peoperty?

    You need to find the grant of easement and find out what they can and cannot do. Everything they can do is in that grant and nothing can be determined without that grant to read.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: New Telephone Poles On My Peoperty?

    jk has asked the right question.

    You might not have easy access to the easement documentation which might not be recorded in your county. Duke Power may simply have it filed away somewhere and they will find it for you upon your request and can probably get it to you in six months or so.

    As I work with utility easements every week I will take the liberty of replying to your questions with just my best guesses.

    1. Your only appeal process is a court of law. Don't ever consider this.

    2. They own the easement, and as long as they stay on it within it's terms they have 24/7/365 access without notice to you.

    3. They may be open to burying the lines on your property. They would gladly do it for free if it saved them money. But it is only an additional expense and they would have to send it back to engineering which would delay the opening up of the adjoining property. The utility probably has a local representative for public relations (or whatever) and I would recommend that you approach this person rather than the engineer on site with your request. Be very prepared to pay the entire cost of burying the lines on your property, which will not be negotiable but should be considered as good will if even offered.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: New Telephone Poles On My Peoperty?

    Quote Quoting LandSurveyor
    View Post
    2. They own the easement, and as long as they stay on it within it's terms they have 24/7/365 access without notice to you.

    That's 365 1/4 days!

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