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The work being performed only affects two houses; myself and my neighbor. I have an utility pole on my fence line, wires go over my yard into theirs and connect to the pole that is smack in the center of their yard. They plan to remove this pole and bury the wires to that house. I am suspecting that this is an ask from the neighbor and the "easiest" way to do it was to cut through my yard. (I also suspect they plan to pay for some portion/ all of the work). While greatly improving their yard; it makes mine worse.
I have politely declined to sign the easement agreement. While I am all for helping out a neighbor, I am not going to do this at the loss of my property value.
I do not think eminent domain will take effect here.
If I’m understanding correctly, you already have the power lines overhead passing through your back yard is what they want to change from aerial to direct burial?
There may not be a written easement, but if the overhead wires have been there for any length of time, there probably is an easement in perpetuity for the current arrangement because nobody objected when it first happened.
Oh, yes, I agree. For the current situation there is certainly an implied easement; even if not in writing. But they are asking for a lot more with the new underground easement.
Quote:
Originally Posted by Rickcin
If I’m understanding correctly, you already have the power lines overhead passing through your back yard is what they want to change from aerial to direct burial?
Yes, that is correct; but it would result in me having a guy wire now extending from the pole 15' into the yard. While the overhead lines are not desirable; the guy line is even less desirable. And so this all appears to be at the bequest of my neighbor to make her yard better; I am not inclined to make my yard worse.
Oh, yes, I agree. For the current situation there is certainly an implied easement; even if not in writing. But they are asking for a lot more with the new underground easement.
Yes, that is correct; but it would result in me having a guy wire now extending from the pole 15' into the yard. While the overhead lines are not desirable; the guy line is even less desirable. And so this all appears to be at the bequest of my neighbor to make her yard better; I am not inclined to make my yard worse.
I see your point and I would not want the guy wire as well and the guy wire could be eliminated if they agreed with your objection.
Without the wire, the design of the pole and depth would have to change and without seeing it, I could not envision how difficult that would be. This is something that needs to be negotiated carefully with the utility company and perhaps by an attorney.
Regarding the easement, you really already have one with the overhead wires and I think the direct burial will be to your advantage as long as the guy wire gets eliminated ❗️
You may not realize it, but there is an easement. When a larger property is broken down into lots, there has to be utilities, so in the master plan of the development there will be easements for utilities. before the property can be developed. It will not be approved until easements are in place.
You already have an easement with restrictions, and all they are asking is to take the line down, and put it under ground. They are not going to give you money for an easement as they already have one.
The easement they are proposing to replace the overhead lines, and remove the pole, actually will improve your property making it easier to sell if you decide to do so in the future.
You may not realize it, but there is an easement. When a larger property is broken down into lots, there has to be utilities, so in the master plan of the development there will be easements for utilities. before the property can be developed. It will not be approved until easements are in place.
You already have an easement with restrictions, and all they are asking is to take the line down, and put it under ground. They are not going to give you money for an easement as they already have one.
The easement they are proposing to replace the overhead lines, and remove the pole, actually will improve your property making it easier to sell if you decide to do so in the future.
These houses were built in the 1930's. There was no "master plan of development". There is no specific easement (although I know I certainly have restrictions as to what can go near the wires) for the lines over the yard. I am familiar with my deed and the restrictions. Also, the electric company clearly states that most of their lines cross properties without easements.
And as I said before, having a guy wire cut across my yard is actually worse than the overhead lines. And, as it is today, I don't have to get permission from them to plant shrubs back there.
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