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  1. #1
    Join Date
    Sep 2009
    Posts
    3

    Default Utility Encroachment Out of Easement

    My question involves real estate located in the State of: Colorado, El Paso County

    I have a situation where a local Utility company has an easement on the back of my property, in sum there is a 10’ easement for a gas company at the furthest end, followed by a 30’ drainage and utilities easement. The builder placed a 3 rail fence at about 44 – 45’ off the back property line where I was told the fence ‘must be located’. They did this along the entire length of the subdivision. Now 5 years later, I was planning on putting up a privacy fence to replace the 3 rail – purchased my materials – called for locates (not figuring to have a problem as everything comes in on the front of the lot) only to find there is a fiber line and 2 large mains buried directly under my fence. It runs within 6” of the outside to about the ¾ point where it moves inside about a foot. The locator also indicated it looked like the line had been hit during install depth went from 2.5' to 18" there.

    I did find the property pins with the survey markers still on them to establish the distances. The Utility Company has now been dragging their feet for more than a month, and I am running out of time to get the fence put in place. What I would like to know is what are my options for compensation? I have offered to sell them the easement IF they put up the fence I have already bought to my specifications and maintain it in like kind going forward… What is an easement worth? They told me they would have to move a 1300’ run of fiber to move it back to their easement.

    Thanks

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

    Default Re: Utility Encroachment Out of Easement

    I am running out of time to get the fence put in place.
    The utility company has no such concept of time. How do you think that you are running out of time?

    If the rail fence was put up 44 to 45 feet off of your property line, what right would you you have to fence that far from your line?

    Was the fence placed that distance ONTO your property?

    I did find the property pins with the survey markers still on them to establish the distances
    You have certainly done due diligence.

    They told me they would have to move a 1300’ run of fiber to move it back to their easement.
    And that would be their problem at this point.

    I would recommend that you notify them in writing with signature verification that you will be installing a fence on your property outside of their easement and that they have thirty days to relocate their lines, if any, which will be affected by your work. You might also CC that to your state public utilities commission.

    Finally, I would run this past a local attorney. The utility company already has some attorneys to deal with you, and they may make a try.

    Good Luck!

  3. #3
    Join Date
    Sep 2009
    Posts
    3

    Default Re: Utility Encroachment Out of Easement

    Quote Quoting LandSurveyor
    View Post
    The utility company has no such concept of time. How do you think that you are running out of time?
    Shear time of year - we had snow yesterday, and once the ground freezes you have to cut it with a jack hammer. Been there, done that.

    Quote Quoting LandSurveyor
    View Post
    If the rail fence was put up 44 to 45 feet off of your property line, what right would you you have to fence that far from your line?

    Was the fence placed that distance ONTO your property?
    Sorry - yes - the fence is that far into my property. There is a road just outside my property line.

    Quote Quoting LandSurveyor
    View Post
    I would recommend that you notify them in writing with signature verification that you will be installing a fence on your property outside of their easement and that they have thirty days to relocate their lines, if any, which will be affected by your work. You might also CC that to your state public utilities commission.

    Finally, I would run this past a local attorney. The utility company already has some attorneys to deal with you, and they may make a try.
    I had the same thougth, unfortunatly my attorney is out till Dec so will have to see if an associate could work on it for me. I thought I was making progress as they came back last week and we discussed options. I was then supposed to hear back on Thurs or Fri... so far no word and I have left a couple messages.

    Nice to hear others take on it as well. I have to be gone 3 out of the next 5 weeks, so I am not sure how this is going to work out.

  4. #4
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Utility Encroachment Out of Easement

    Some states require utility company to contact property owners for permission to add a utility to an existing easement. ie. A water company has a easement for a waterline, but now a cable company wants to bury a cable within the same easement. The cable company would require the owner's permission to do so.

    http://www.masterslawfirm.com/Easement1.htm
    http://www.masterslawfirm.com/Easement2.htm

  5. #5
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Utility Encroachment Out of Easement

    I don't know of any reason you can't put the fence along the property line. However, you will need to put in gates for the utility company or ask them to install gates. You don't have to be off of the easement. You do own the under lying fee. You may need to run the fence location by the utility company but not ask permission. They will try and tell you that you are endangering the lines, or keeping them from operating their lines in a safe manner. Don't buy it. They put gas pipelines in 230 KV transmission line easements. Good luck. Get the easement documents and read them.

  6. #6
    Join Date
    Sep 2009
    Posts
    3

    Default Re: Utility Encroachment Out of Easement

    The County is the one telling me where I have to have the fence. There currently is a 3 rail fence on this line, with the Phone Utilities under it (the locates were all within 6" of my existing posts).

    I am trying to replace the 3 rail with a Privacy fence for the Covenant Board here, and can not without endangering the phone lines they have out of thier easement under my fence (all the posts need to be replaced and moved to fit the $5K in fence I already bought... That has been sitting out there since early August when I tried to do this work).

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Utility Encroachment Out of Easement

    I had the same thougth, unfortunatly my attorney is out till Dec so will have to see if an associate could work on it for me.
    I'd do the 2-1-1 call in Colorado again, ask for the stakeout of the utility lines, and if none are painted under your fence in the prescribed time period, you may well be clear to go. That's what the 2-1-1 is all about. You can research it in Colorado, and I would recommend that you do. If they come back and indicate under your fence again, just go to the letter writing stage with or without you attorney. And you can find another attorney if you need one for a letter.

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