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can utility easements be prevented?

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lfogo

Junior Member
What is the name of your state?NY

We recently purchased 2.5 acres in upstate NY. It is on a hill in a wooded area. There is a "paper" road leading to our property on top of the hill. There are 4 camps/cabins on this road before you get to our land. The road does not continue down the hill.. although it does on the tax maps. At the bottom of the hill the road picks back up again and this is a a city maintained road. There are 2 utility poles at the top of the hill.. leading down to our property. In order for us to get service, there needs to be one more pole continuing down the road to our property. the pole would be situated on our property but would run along side the last camp that does not have service. Our electric company said we had to get easements from all 4 neighbors to change the poles and add one more. The easements in place to not apply because they need to be upgraded (made 4 feet higher) in order to carry primary service. 2 neighbors have signed.. but the last two next to our land (and cabin being built) will not sign. Can they prevent us from getting utilities? We are talking about maybe 100 feet. We had no idea that we would not be able to continue the service one more pole. The neighbors are upset that the land was bought and being developed. We have been told that they felt the land was theirs because it had been undeveloped for so many years. We are good people.. building a beautiful log cabin and don't want to ruin a relationship with our new neighbors.. but what can we do? We need electricity!!!
 


seniorjudge

Senior Member
Q: Can they prevent us from getting utilities?

A: Yes; the neighbors have no obligations to give easements of any kind to anyone.
 

lfogo

Junior Member
Ok.. coming in from the bottom of the hill.. everyone has easements for the existing poles. but the electric company said they need to run primary to our location. Can the electic company be prevented from adding 5 feet onto those poles by anyone refusing to sign a new easement?

Any advise? Thanks for you quick response on the last one.
 

seniorjudge

Senior Member
Q: Can the electic company be prevented from adding 5 feet onto those poles by anyone refusing to sign a new easement?

A: The electric company must use the easement they were granted; of course, I have no way of knowing what it said. So, as long as the electric company complies with the terms of their easement, they are okay.
 

lfogo

Junior Member
When are easements not necessary to run electricity in a neighborhood? Is it when you are on a city owned road vs a private road?

The town is thinking about petitioning to get us deeded rights to the road and running the electicity underground outside the neighbors property? Is there issues there?

Thank you in advance.
 

seniorjudge

Senior Member
People usually want utilities (sewer, cable, electricity, water, telephone) run to their land. Your neighbors do not.

Sounds like y'all are fixin' to have a running gun battle up there.
 
We SO gotta talk!

lfogo:

Send me an e-mail! We need to comiserate. I, too, am in upstate NY and I, too, have electrical easement issues (long story short: everyone thought there was power on the property where I'm building a new home... there isn't. The nearest pole is 40' away, but it's in the middle of our neighbor's property, and they won't sign an easement unless we do $22,000 in landscaping and electrical upgrades to THEIR home.)

Seriously, touch base with me... we might be able to lend support to each other!
 

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