"Andy Asberry" wrote in message
...
On Wed, 19 Jul 2006 08:22:46 -0400, "Colbyt"
wrote:



Joseph has presented a very accurate statement for most of the US where
subdivisions and deeds contain what is called an "easement of record". If
your sprinkler heads or lines are constructed in a recorded easement area
the person who placed them there is the one who did it wrong.

Most utility companies try to maintain good customer relations and may try
to avoid or even repair damages but they are not required to do so if the
damage occurs within the easement.

I'll disagree with you on this. Using your analogy, if the water,
electric, phone and cable lines were all within the utility easement,
they could dig up each others lines without worrying about repairs.

I have a petroleum pipeline across my farm. They have a 30' easement
to maintain those pipes. I can build a house or barn or fence on the
easement. House or barn wouldn't be smart but they are required to
compensate me for ANY damages; even on the the easement. They pay for
crop damage caused by testing and repair equipment.

An easement is a contract. It can say whatever the parties agree to.
My electric easement states that if there are no poles on the easement
WITH cables attached for a period of three years, the easement is
abandoned and is forfeited. Part of it has been abandoned.

That agreement was signed in 1936; before underground cable was
popular. If they wanted to go underground now, they would have to get
a new easement. I would likely grant it because I enjoy having
electricity. G

--Andy Asberry recommends NewsGuy--

"easement of record" is a specific legal term that refers in this case to
easements that were granted by the developer as a specific condition of the
utility providing the requested service to the development. Those recorded
easements are then passed along to the property owners at the time of
purchase.

I think they have gotten a lot more one-sided than there were in 1936.

I won't claim to know what they say or how they apply in all areas. Most
was all I claimed and that was limited to subdivisions.

As for the utilities and each other, they have 15' across the back of my lot
to do their thing for cable and electric. Gas and water are in the front.
I bet they have definite standards about which feet belong to whom.

I have received a notice from the electric company informing me that some of
my plantings might be "at risk" should they need to do certain work. I
ignored it but they have CYA by sending it.

--
Colbyt
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