Cost to install electric line

[sjeakins]

2 new home builders on 20 acre rural lots. The developer did not run primary services back to this lot. The CE&R's state that "Each purchaser of land shall bear the expense to bring the secondary lines to their lot." A $4000 trench is required and specified by the Coop. HO1 builds first and pays for the trench (which is in an easement over HO2's lot). HO2 purchases lot, ties into the line and refuses to bear the cost. Can HO1 recover 1/2 of the cost of the trench?

 

[FarmerJ]

If this is the line that runs from the road to a transformer the line still belongs to the electric utility so I would suggest speaking to a real estate atty about suing the neighbor. Have your docs with you so the atty can review them.

 

[CraigFL]

I don't see where HO2 must bear 1/2 the cost...

1. The CE&R says "EACH" not "BOTH"-- HO1 was there first with the need
2. HO2 purchased after HO1 had the line installed(the time for bargaining would have been before the purchase although there would have been no incentive)
3. HO2 legitimately tied into the existing power(via the power co.) in the easement.

 

[justalayman]

first, the homeowner did not tie into the power line, the power company did. Unless there is a meter at the road or whatever place the underground power starts, the power lines are under the control of the power company.

Now, the problem is you cannot make connections without a junction box which with the power company is typically a small pedastal box. Depending exactly what is in the easement grant and how large the easement is, this could be an encroachment not legally allowed within the easement (although it could simply be removed to off the side of the easement).

Next thing is you may be able to sue the neighbor under an unjust enrichment claim. You're right, it isn;t fair he benefits from your installation without sharing in the costs. I haven't done any research to prove this is even remotely possible but the courts are often deciding in the name of fairness and equity. It's a cheap lawsuit to file so really what do you have to lose?