Cable company damaged my property.

[jackjohnson]

What is the name of your state (only U.S. law)? Ohio

My questions pertain to the damage the cable company caused to my lawn in Ohio.

I live in a four year-old house in a new development, and all of the utilities are underground. The telephone, electric and two cable companies have terminals on my front lawn. I DON'T have cable service.

Time-Warner Cable or their sub-contractors have entered my property on three occasions during the past 14 months, and have caused various minor problems.

1. Summer 2007, they "accidentally" terminated the other cable companies service thus causing a three day loss of telephone, internet and cable service.

2. In August 2008, they damaged a portion of my and my neighbor's lawn while running cable from the lawn terminal on my property to the last house on the block, two houses away. They neglected to run the underground cable to the last house on the block prior to landscaping in fall 2004. That portion of lawn is still dead even though they already seeded the area.

3. They left another cable starting from the same lawn terminal to my next door neighbor's backyard resting on the grass almost a month before the lawnmower ate it, oops. My neighbor cancelled service a few days later after receiving poor service during the repair request.

They keep delaying further attempts to repair my lawn even though they promised a fix. A cable representative claimed they would attempt to repair it next spring, but would not give a written agreement. So I demanded that they repair the lawn now, September 2008, but have gotten no action after two weeks.


My questions refer to problem #2:

What are my options to force proper repair?

When a utility damages your property, are they required to fix the problem to a certain standard? For example, place sod instead of seed? My request or demand was for them to leave my lawn in the same condition as they found it.

What are the limitations of an utility easement?

How can I get them to show me their easement agreement? Can I force them to gain written permission each time the enter my property?

Thanks in advance for any answers or assistance you give.

 

[154NH773]

Easements are generally recorded and filed with the County Recorder's Office. You should be able to look up the easement agreement and have a copy made. The easement may also be included in your deed, or your predecessor's deed, and those are also on file.

In order for an easement to be valid, someone who owned your property in the past must have granted the easement, and that grant would have been recorded.

Easements that do not spell out the exact method of restoring after damage are usually subject to what a reasonable person would expect. The courts might find your expectations too high.

I'd just keep bugging them, every day...

 

[jackjohnson]

Thanks for your response.

I already checked the deed and county records. They show the utility easement as being 10 feet from the street. The lawn terminals are 22 feet from the street. The city claims a different easement exists but it does not appear to be written. The city claims that the easement starts 35 feet from the street's centerline.

I live in a new development (there were only trees before), and the developer did not always do things according to the rule of law.

Unfortunately, I live in a city where the building dept. gives too much leeway to developers or to anybody but the residents.

 

[mlane58]

Wrtie to Time Warner's corporate HQ in Charlotte, NC. They don't like the possibility of bad publicity--I know, having worked for them.

 

[154NH773]

Assuming a 50' wide street, the City's claim of easements starting 35' from the centerline would still put the limit of the easement at 20' in from the edge of the road (assuming a 10 foot utility easement). It still appears that the terminals are on your property. I would write to TW and threaten to sue if they either; don't move the terminals and repair the damage to your property; or provide you with proof of an easement that states otherwise.
All easements must be spelled out somewhere, it may take a title search to find it. You can do your own title search at minimal cost.
Be sure of your property lines. It wouldn't hurt to get a survey. You might be off by two feet.