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  1. #1
    Join Date
    Dec 2008
    Posts
    3

    Question Utility Right of Way Law

    I own a piece of property in Cumberland County, Pennsylvania. The development was started in the 1960's, my home was built in 1972-3. On the deed I received from my closing, it has right-of-way information included for two utilities, water and electric. Along the rear of my yard, there is a telephone line underground that I can find no refrence for on the deed. In order for the phone company to have this right-of-way, should it not be included on the deed? Is it possible that I do not have all the information on the deed I received at closing? Could they have some sort of overall plan for the entire development that would grant them this access that is not on each individual deed? Are they granted anytype of access by law or statute?

    I installed a fence and nicked the underground phone line. They came and removed my fence claiming right-of-way to fix their line. I obtained a permit from the township, called the one call as required by law and the utilities came and marked their lines, although they missed this line. At first they claimed I would need to pay for their damages until I produced photos that the area was not marked and that I had indeed done a one call as required. I feel they owe me compenstation for the damage to my fence, but want to see if they indeed even have right-of-way to start.

    Thank you for any info you can share.

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

    Default Re: PA Utility R/W Law

    You will need to look at the original survey plat for the development.

    Utility easements are typically created and defined with the dedication and acceptance of the plat. The easements are valid and may not be detailed in your deed, which will incorporate them by reference to the plat.

  3. #3
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Utility Right of Way Law

    You should be able to build a fence as long as you provide a way for them to reach (access) their easement. You may have to put in a gate.

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