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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Utility Easement in State of Indiana (Service to My House)

    Regarding: Utility Easement in State of Indiana (service to my house)

    I have a utility easement around the perimeter of my property; but, the power line to my house runs through the middle of the yard. It is interfering with repairs that we're making to our septic system and needs to be relocated. We asked the power company to move the line INTO their easement (about 10ft. over), but they are demanding $1800+ to move it. I don't agree that WE should have to pay to move the line in this case- especially for such an outrageous amount. The power company insists that they are within their legal rights and will not move it without cost.

    I'd agree to the charges if we were building an addition to our house, pool, pond, landscaping, etc. However, this is not a matter of convenience or choice for us- local law requires us to repair a failed septic system"for public health and safety reasons". The county decides the size of the system and the location- we have no control over it. If AEP had run the line in their easement to begin with, we wouldn't have this problem. Now, their line is preventing us from having a functional septic system, which is required by law. Do I have any rights regarding the power line to my house? Can they really force me to pay for the relocation of the line under these circumstances?

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

    Default Re: Utility Easement in State of Indiana (Service to My House)

    The failed septic system you describe is entirely your own problem and the power company bears no financial obligation towards it. How would it be their problem?

    They do not need to be within an easement for the service to your home. I am unaware of any homes which have a specific easement for access from the utility easement to the home. The right was granted when service was requested, by you or your predecessors in title. Your choice is to pay the cost for relocation or just give up electrical service to your home.

    $1800 is a very reasonable charge for moving a line to meet your requirements and not theirs.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Utility Easement in State of Indiana (Service to My House)

    how do you propose the powerline gets to your house if it does not cross your lot. An easement around the perimeter does not get it to your house.

    how is the line interfering with the drainfield?

  4. #4
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Utility Easement in State of Indiana (Service to My House)

    While your paying to have it relocated why not have them put it underground and put it where you want it. Your going to pay anyway.

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