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  1. #1
    Join Date
    Jan 2010
    Location
    PA
    Posts
    1

    Default Utility Line Placed Across Property Without Easement Agreement - Owner's Rights

    Good afternoon. The property in question is located in PA.

    I own a 3.5 acre parcel located at the corner of an intersection of state and local roads. We have owned the property since 2000.

    There is an overhead power transmission line along the perimeter of my property, with the poles located within the acknowledged public ROW.

    Also occupying these poles are communications lines owned by Verizon.

    The issue is that instead of carrying their lines to the pole at the corner of the intersection like the power company did, Verizon strung them across the corner of my property, skipping that pole. The area encumbered by their overhead lines is a triangle with rough dimensions of 175' by 175' by 300'. (The length of their line across my property is the 300' dimension) It is not even conceivably within any Ultimate ROW area that may exist.

    In 2003 they sent around a private contractor to clear trees in the vicinity of their lines. The crew was inept and I was concerned that they would hurt themselves traipsing around on my property, climbing over my 5 wire, high tensile fence, and wading through the creek trying to trim around these lines.

    I have 2 questions -

    1.) would I be liable if they got hurt? Even though they are contracted by Verizon, they are working on private property in an area where there is no easement.

    2.) Can I get Verizon to string their lines properly so that I can have the full use of my land back?

    I do not know how long the lines have been there, but Verizon does have another small easement area on my propoerty that was granted sometime in the 1990's. I expect that the lines went in around that time as well, as part of a facilities improvement plan for the area. I cannot find any recorded document for the placement of the overhead lines.

    Thanks for the advice.

    HB

  2. #2
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Utility Line Placed Across Property Without Easement Agreement - Owner's Rights

    IMO, I would contact Verizon's Right of Way Dept. via certified letter asking them to either provide a legal easement agreement for the lines in question or remove them by XXX date. Include the tax map and lot number of your parcel and lines in question. My guess is either they have an easement or they will make a minimum offer to create one. The last thing they want to do is move them.

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