Recent content by 154NH773

I had exactly the same problem. In my state (NH) there is case law that states an “access” easement infers a utility easement. The power company told me that they would pull wires if I went underground, so I paid over $13,000 for 1000’ of underground pipe, but then the power company reneged when...

If you really want the property see if you can extend the due diligence period until you speak with the lawyer. There may be several ways this situation could be resolved. In general a property cannot be landlocked, and it may be possible to force an easement, or get a variance. The lawyer will...

Having fought this fight, I will say that if a pole is on private property, there is most likely an easement that allows the power company to run lines over that property. You can look up the power company’s easement at the registry. The best advice is to talk to the utility and ask them how you...

The easement that was granted to the property in back is 40 foot wide and runs the entire length of the east side of your property from the road to the rear property. The owner of that property has the right to use any part of that easement and you may not block their use. They are allowed to...

First, get your own survey. Without your own survey you have nothing to start with. As others said, if the two surveys don’t match, have the surveyors try and figure out why. Secondly, have a title search done to see if there is any easement in place already. You can do this yourself if you...

“There is no utility easement...I just checked the assessment/map.” I suggest you have a title search done to determine whether an easement exists. It is possible that the developer granted a utility easement that now encumbers your property. Assessment maps are not a reliable source for...

First you need to know is if you are allowed on the Forest Service land. Just because it is publicly owned that doesn’t necessarily mean that the public is allowed on it. If you are allowed on it, the next thing to determine is whether you are allowed to use the easement. For that you have to...

I would think that the “shared” driveway only includes what was existing at the time of the easement grant.

“In our town the National Forest purchased a 900acre property which includes a parcel described as an Ingress, Egress Easement across a property which leads to a paved road.“ From the way you have written your post, the National Forest is the owner of the property upon which the easement lies...

In all likelihood the neighbor will have to run underground lines from the transformer to their home. You will have to study the Tariffs that regulate the utilities, but in my state (NH) once lines into an area are underground, all new lines must also be installed underground. As far as the...

There’s really not enough information to give you a definitive answer, so here’s my opinion; whether he can use your whole driveway may depend upon how long he has done so. It also may depend on other circumstances that only a judge could decide. Without a plat or description there is no clear...

Filing a survey does not add any legitimacy to it. Registries do not check or certify the accuracy or correctness of filings. The survey is useful in creating a historical record and helping all parties in understanding the sometimes confusing deed descriptions. The survey should be certified...

Although I believe my answer above is correct based on your description, I have read many utility easements and most are written to allow the utility unrestricted air or access rights across other property of the grantor that may be outside an actual easement grant. That allows them to place...

I agree with you that they do not have a legal right to go outside the defined easement grant, which from your description I also agree is where you believe it is. Have a lawyer write the utility and deny them the right to run the line as they have proposed. Also, if they plan to connect to the...