Neighbors elec line on our lot

[premolar]

I have a lot. When we went to dig for new construction. We hit neighbors electric line. Unfortunately we didn't call one call. It is on our property. There is not an electric easement. This line goes from transformer to the house. The electric company said we would have to take it up with our neighbor. We feel it is the electric company's line. The electric company said the builder of the other house dug the trench and the electric company just put the line in. They are claiming no responsibility. We feel they should have checked to make sure they were putting it on the right spot. We want the line moved over because it comes close to our house and are willing to give them an easement to put the line. I think the mix up came....the lot was replatted. The builder or whoever used the old plat and not the revised plat. The revised plat was done before the house was constructed. So this isn't an after occurance. The house next door was bought by the company the owner worked for and is currently for sale. Where do we stand? This is causing additional costs for us (if we have to pay it have the line moved on our property, delay in construction, additional cost for this delay, a hard ship on our family as we are maintaining two separate houses and due to our situation of needing a house large enough for both of our family's to move in we are not able to live together. Any advice? Thanks.

 

[FlyingRon]

The electric company is not going to pay for the line to be moved. You might have a claim on the neighboring property. Shame on you for not calling the one-call.

 

[justalayman]

first, go around and show everybody you know how much you appreciate them. You never know when your time is up. Whoever was doing the digging came very close to their clock running out.


so, what state is this?

how far from the property line is the power line?

were the two lots (yours and the neighbors) ever part of the same parcel where the underground line may have been installed by a common owner?

is there a possibility whoever owned your house at one time may have given the neighbor permission?

depending on what state this is and how this all happened, I hold a different opinion than Ron and see a possibility the power company does bear some liability here. The power company does not get to just blow off responsibility for the placement by arguing; but the guy digging the trench dig it there. The power company in most states retains full control of the service lateral to the point of connecting to the customer meter. It cannot be touched without the power company's permission and in the three states I have dealt with (including involving one of the largest providers of electricity in the country), they will not allow anybody to touch it as it is a huge liability if there is a problem but there is also a possibility of installing an illegal tap where a devious person could steal unmetered power.

 

[premolar]

Arkansas

Thank you both for your reply.
This is in arkansas.

It's about 8 feet from the property line.

The two lots were never owned by the same owner. They were owned by the developer and each bought from the developer. We are the origional owner of outmr lot.

Doubtful they had permission. The two lots were vacant for a year before the home was constructed. We never gave them permission.

first, go around and show everybody you know how much you appreciate them. You never know when your time is up. Whoever was doing the digging came very close to their clock running out.


so, what state is this?

how far from the property line is the power line?

were the two lots (yours and the neighbors) ever part of the same parcel where the underground line may have been installed by a common owner?

is there a possibility whoever owned your house at one time may have given the neighbor permission?

I agree. It's their line. Not the adjacent property owners. We can't go to the property owner and tell them to move their line without the power company permission. We are willing to work things out or compromise but looks like we may have to get a lawyer. I really don't like it on our property but will compromise if they move it over. It it goes bad then they would have to dig up our property. I think it maybe close to our house too. What if it causes some kind of fire underground. Say lightening it's the neighbors house. And that line blows. I really don't know if that could happen. Anyway thanks again.

 

[justalayman]

relax on the underground fire or anything of the sort. First, there is very little that could even burn. The insulation is it. Then, it's covered in dirt. What's the first thing you are told to do to put out a fire? Smother it. It's pretty well smothered right now.


the any real concern is exactly what happened; somebody digging could hit it. Was there a warning ribbon above it? Unless it is in conduit, there should have been about 1 foot above the cable.

I'm not sure but from what I read, these guys deal with safety of installations which yours is not.

http://www.arkansas.gov/psc/index.htm

they do not oversee private utilities though so if this is a municipal utility, you won't get any help there.

you need to make certain there are no easements included in the subdivision plan that this may be within. Often times that can be found on the original platting of the subdivision.




and the lightning: I can give you some really really unlikely scenarios where I could explain how it could cause a danger but realistically, there is no real danger from that either. Lightning seeks ground and guess what; the cable is in the ground. I would not be concerned in the least by the line being there for any other reason that if somebody hit it while digging.

I do not know who your electrical provider is but here is a list of all the electrical providers in Arkansas except for the private utiliteis that are not overseen by the PSC.

http://www.arkansasenergy.org/energy-in-arkansas/utilities-in-arkansas.aspx

you may be able to find a contact for your utility provider that is side steps the personnel you have already dealt with.

 

[FlyingRon]

There's no requirement for any warning ribbon. Even 13KV lines have nothing but dirt over the top of the direct bury here. It is very important to call the one call.

 

[justalayman]

There's no requirement for any warning ribbon. Even 13KV lines have nothing but dirt over the top of the direct bury here. It is very important to call the one call.

NEC (which there is a pretty good chance the installation must comply with but haven't checked):


300-5(d)

(partial quote of the section)

service laterals that are not encased in concrete and that are buried 18" (457 mm) or more below grade shall have their location identified by a warning ribbon that is placed in the trench at least 12" (302 mm) above the underground installation. [end of quote]


not trying to minimize calling the locator service though. Yes, It could be the difference between life and death.