Power/utility co. easement issue

[lbb87]

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


I was told that there is a law in VA that basically says that if the power/electric company has permission to put their lines, poles, etc. on a private property, that all other utility companies may use those lines, poles, etc. without getting permission from the property owner. I was told that this law was passed in 1996. Does anyone know if this is true? I have tried to find this law but I cannot. Perhaps I'm using the wrong search words.

The issue is that my father gave permission to the power/electric company to go across his property (around 2003) and later found out that the phone and cable company went across as well. He didn't want them going across unless he specifically gave them permission. So now he's upset if this law allows them to go across. And it basically means his lawyer screwed him because his lawyer should have known about the law.

 

[HomeGuru]

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


I was told that there is a law in VA that basically says that if the power/electric company has permission to put their lines, poles, etc. on a private property, that all other utility companies may use those lines, poles, etc. without getting permission from the property owner. I was told that this law was passed in 1996. Does anyone know if this is true? I have tried to find this law but I cannot. Perhaps I'm using the wrong search words.

The issue is that my father gave permission to the power/electric company to go across his property (around 2003) and later found out that the phone and cable company went across as well. He didn't want them going across unless he specifically gave them permission. So now he's upset if this law allows them to go across. And it basically means his lawyer screwed him because his lawyer should have known about the law.

**A: what you describer is commonly known as a utilty easement. You need to read the actual recorded easement document to see exactly what the provisions are. Many time sthe easement is in favor of the power company only but that company leases space or give rights to others such as telephone, cable etc.

 

[nextwife]

**A: what you describer is commonly known as a utilty easement. You need to read the actual recorded easement document to see exactly what the provisions are. Many time sthe easement is in favor of the power company only but that company leases space or give rights to others such as telephone, cable etc.

Agreed.

Get out a copy of dad's Owner's Title Policy and obtain copies of any referenced easement documents and read them over. Only by review of any applifable documents attached to the real estate (and, no, they are not necessarily shown on the deed) can he determine what recorded easements exist and what they say.

 

[154NH773]

Agreed with the others.
In most cases, an electric utility will write their easement to include any other utilities that may utilize their poles, etc. You have to be careful in signing any utility easement to read it carefully if you wish to avoid other providers from using the poles.
The biggest mistake many people make in signing utility easements is accepting language that allows the utilities unlimited provision to cross the property anywhere, and service other properties across your property.
You do not have to accept this type of language, and should not sign ANY easement without reviewing the language with an attorney.

 

[strongbus]

I think what op is asking is is there a law that states that by giving the power company the ok to run lines dose it grant others to use those poles with out your ok even if its not writing in the easement.

For example lets say there is no law. If the power company want to lease out use of the poles to the cable company or phone company then they would want that language in the easement papers. Without it they can't make money and you get to keep only what you want on the poles.

Now lets say there is a law that states that if the power company has an easement to cross your land for power then anyone who they lease pole use to can also cross your land. I mean if there might be a line that refers to the law in the easement but would they have to have the language in the easement if there already a law that states that they can anyways. In other words why bother getting your ok in writing if the laws says you got no chose in the matter anyways.

Op easy way to find out can call the power company they could have that info. Also call your states utility board they would have all laws that could be sent to you about it.

 

[nextwife]

Agreed with the others.
In most cases, an electric utility will write their easement to include any other utilities that may utilize their poles, etc. You have to be careful in signing any utility easement to read it carefully if you wish to avoid other providers from using the poles.
The biggest mistake many people make in signing utility easements is accepting language that allows the utilities unlimited provision to cross the property anywhere, and service other properties across your property.
You do not have to accept this type of language, and should not sign ANY easement without reviewing the language with an attorney.

In the majority of cases, the easement is already recorded and in place, sometimes for decades, when one buys the real estate, and the existing easement runs with the land. One cannot easilly change an existing easement. On occassion, one CAN relocate an existing easement (I see this done for development work and major additions), usually at their own expense.

 

[154NH773]

In the majority of cases, the easement is already recorded and in place, sometimes for decades, when one buys the real estate, and the existing easement runs with the land. One cannot easilly change an existing easement. On occassion, one CAN relocate an existing easement (I see this done for development work and major additions), usually at their own expense.

Also agreed, but let's back up. The OP said his father gave permission. To me that means he gave an easement, so he is now bound by any wording currently in that easement. My advice, and from others, was to read the existing easement.
I also added advice for anyone reading the thread; that they should be careful in signing any such easement.
As to law regarding adding other providers to a utility easement, I can't answer that for VA, but in my state there is no such law. It must be stated in the easement. If the wording is ambigious as to who is allowed to use the easement, then the courts might allow telephone and cable use also even if they are not specifically mentioned. My utility words their easements to include:

and other equipment, for transmitting electric current and/or communications and intelligence,

which would mean telephone and cable TV.

I didn't want my neighbors to have access to my lines or property so I wrote the easement only allowing access to my property by the utility company when servicing my utilities. They cannot run anyone else's lines across my property. Their generic easement language would have allowed them to do so. You do not have to accept their language.

Also in my state (NH) there is caselaw that states if you have an access easement, that also infers an easement for utilities. So if your neighbor has an access easement across your property, he can install utilities within that easement.

 

[154NH773]

From Virginia law:

§ 55-50.1. Enjoyment of easement.

Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects either upon the burdened land or immediately adjacent thereto which unreasonably interferes with the enjoyment of the easement by the owner of the dominant estate.

Adding telephone and cable to an otherwise ambigious easement would probably be viewed by a court as "reasonably consistant" with a permitted use for electric utilities. You would have to delve into caselaw, as there have been some cases in Virginia regarding utilities and new uses of easement property that I can't research easily.