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Easement for powerline

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renawilson

Junior Member
What is the name of your state (only U.S. law)? AL
My husband and I purchased property that have been vacant for 9 years due to the previous owner's death. There is a 1/2 strip of land between us and the state highway. Originally there was a mobile home on the back part of our land. We wanted a street light put back there and the power company installed one without notifying the other land owner and they cut several small pine trees. They assumed the land was ours. The power line did at one point run is the very same location. The owner is telling us that after 5 years of non-use that the easement reverts back to him and has to be re-negotiated. Is this true and will we be held liable.
 


TigerD

Senior Member
What is the name of your state (only U.S. law)? AL
My husband and I purchased property that have been vacant for 9 years due to the previous owner's death. There is a 1/2 strip of land between us and the state highway. Originally there was a mobile home on the back part of our land. We wanted a street light put back there and the power company installed one without notifying the other land owner and they cut several small pine trees. They assumed the land was ours. The power line did at one point run is the very same location. The owner is telling us that after 5 years of non-use that the easement reverts back to him and has to be re-negotiated. Is this true and will we be held liable.
That's between him and the power company.

DC
 

justalayman

Senior Member
to add a bit to that;

you have to determine if there was ever an actual documented easement established. If the use of the land was by permission, once they ceased using the land for the permitted installation, they relinquished any rights to use the land until given permission for a new installation. If there is a recorded easement, that controls.
 

154NH773

Senior Member
The owner is telling us that after 5 years of non-use that the easement reverts back to him and has to be re-negotiated. Is this true and will we be held liable.
Kind of confused over your description, but if there was a powerline previously running thru your neighbor's property, it is likely that the power company holds an easement across that land.

I agree with both other posters, and would also say that you are not liable for what the power company did, unless you misrepresented your property location to them.
 

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