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powerline easement

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jeffhill

Junior Member
What is the name of your state? Alabama

Electrical powerlines run approximately 25-30 feet above and parallel to my back property line. My chainlink fence is two feet inside the property line. The power company has an established 15 foot easement from the property line (and thus the powerlines). Landscaping is a favorite hobby of mine and with much time and work over the past 8+ years my backyard has evolved into a quite nice space. Several years ago when I first bought the property, I met with a representative of the power company (unfortunately, I do not recall his name) to discuss the issue of easement and what I could do to satisfy their requirements regarding encroachment of trees, etc., toward the powerlines and my desires for privacy and esthetics (the property slopes upward from the back of the house, with a neighbor directly behind facing opposite). As a result, my efforts have concentrated on low, dense plantings with a few ornamental trees. The trees I kept pruned to about 8-10 feet or less, with the largest being about 4-5 inches in diameter at the trunk base. The power company contracts out to tree service companies for maintenance and they have worked in my neighborhood several times without incidence, until a few days ago. I came home from work one evening last week to find my backyard looking like a tornado had been through. Without notification, the contractors had entered through my gate and "clearcut" my backyard! Not only had they cut everything to the ground, they left most of what was cut just scattered about the back and front yard and trampled over other plantings between the fenceline and street. They knocked over/displaced several rock walls, concrete planters, flower pots, bird houses/feeders, etc., and left trash and newspapers strewn across the picnic table and lawn. I had done some pruning just last weekend, and none of the plants cut were anywhere even close to being a "danger" to the powerlines. My questions are: What are my rights regarding the easement and access to it/ maintenance of it by the power company? And, what, if anything, can be done about what has happened? Thanks for your help.
 


S

seniorjudge

Guest
Utilities are famous for doing this.

The rule is that their interests come first and yours second.

To avoid having this happen in the future, get a written agreement with them. That may not help because the trimming is outsourced and those trimmers usually have no sense.

There's nothing you can do about this one.

If you really felt like you wanted to do something, you could file a complaint with your state's utility regulatory commission, but I wouldn't expect a whole lot to be done.
 
seniorjudge said:
Utilities are famous for doing this.

The rule is that their interests come first and yours second.

To avoid having this happen in the future, get a written agreement with them. That may not help because the trimming is outsourced and those trimmers usually have no sense.

There's nothing you can do about this one.

If you really felt like you wanted to do something, you could file a complaint with your state's utility regulatory commission, but I wouldn't expect a whole lot to be done.
In this instance SJ, I proffer a counter-point.

The RECORDED easement, within the boundaries thereof, are the only legal area of responsibility of the utility, and the only area permitted to exercise that attending responsibility. I do wish that I had absolute knowledge of AL law in this case, but I do not.

If I were to be correct based on a solid guess. My guess would be that monetary damages could be re-couped in a civil proceeding and trespass charges (both criminal and civil) could be sustained.

I would be highly interested in the outcome of this case, or any further information you come across relating to it.
 
S

seniorjudge

Guest
Florid-aise said:
...If I were to be correct based on a solid guess. My guess would be that monetary damages could be re-couped in a civil proceeding and trespass charges (both criminal and civil) could be sustained....

I hope you are right and I am wrong.

I have had dealings myself with these people: morons with power tools. Scary.
 
seniorjudge said:
I hope you are right and I am wrong.

I have had dealings myself with these people: morons with power tools. Scary.
I just the other day (week ago maybe) came across a Florida personal webpage where the fella had a Gulf Power utility do the same thing. As you might imagine, the crafty fellow took pictures while they were doing it. Posted them on the web page.

If and when I re-find it. I will tack it here.
 

jeffhill

Junior Member
Thanks for your insight and advice. I have contacted the power company and I am scheduled to meet with the crew supervisor Monday morning to survey the damage. I'll keep you posted.
 

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