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neighbor ignoring public utility easement

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jimbo22

Junior Member
What is the name of your state? What is the name of your state? California
I am in the beginning stages of building a new home in Northern Calif. In order to bring in power I need to tie in to a neighbors power pole about 1000' away. This pole is located within a PUE (public utility easement) on the side of our road. The PUE starts at the center of the road and extends 30' on both sides. This area is intended for setting power poles and power lines so people can get electricity to their new home. I've had the PUE surveyed as it is on the deed. It is exactly where it is supposed to be. I would need to run 2 new poles and line along the easement to my property. This would require 1-2 trees being cut down within the easement along with some trimming of limbs that would be too close to the power lines,once set. My neighbor,whose property the PUE is within, says he wont allow any trees to be cut down on his property even within the PUE. He says his attorney said this can be tied up in court for years even though I will eventually win. The utility company wont back me either. They wont get involved with anything that may result in legal action against them even though everyone acknowleges the existance of the easement. This makes no sense to me. Isn't this the whole point of a utility easement,to avoid neighbors like this?
 


lwpat

Senior Member
I think you need to talk directly to the utility company's legal department. There is no reason for them to refuse you power. I would have your attorney make a demand on them to install the lines. The neighbor and the utility can be liable for damages if they prevent you from the economic benefit of your land. His attorney, if he has actually talked to one, is giving him some very bad advice.
 

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