Removal of utility pole

[stanfordg]

Hello, I'm new here so please be nice...lol
I live in rural Pennsylvania.

Question: Is there a way of getting this utility pole moved without me having to pay for it?

I have a utility pole that is right behind my house in my driveway that I would like removed and am told by the electric company that I would have to pay 5k-6k for that to happen because I am the one requesting to have it moved.
The pole does not supply my house with either of the electric or the telephone that is on it, but instead goes directly to my neighbors house as the last stop of the line.
Those lines come from another pole on the opposite side of my house with a transformer.
The lines run through a tree and across (about 2 feet above) the corner of my roof.
My house was built in 1910 and was originally a farm which contained the neighbors property as well. His house was built in 1986 after the property was sub-divided which is when (I believe) the pole was put in.
I have looked at all of the past deeds and cannot find a right-of-way for this pole or the other one for that fact. (I know deeds aren't always %100 accurate though)
The company said that they do not need a right-of-way for it to be there.

I want to place a garage where that pole is and I am also concerned that if any of the branches from the tree fall on the line it will be laying on my roof and burn my house down.

That's all the information that I can think of.
Sorry if it was too long.
Any pointers or advice would be greatly appreciated.
Thank you!

 

[tranquility]

The utility company has some type of easement for the pole. The easement is either listed in your deed or is covered by a general easement of the area. That means they have a right to have the pole there. If they are willing to move it at your expense, that is usually a better deal than many would offer.

If you really think the utility company is in violation of where the pole should be, see an attorney. It can be hard to research such things without some experience. I think you will not find the pole is there illegally, but you never know.

 

[154NH773]

The utility company has some type of easement for the pole.

The utility company MAY HAVE some type of easement for the pole.

The company said that they do not need a right-of-way for it to be there.

The utility company MUST have some type of easement or they are not allowed to place their property on YOUR property.

So, the question is; do they? The easement may not be in your deed. Many utility companies write separate easement deeds for each property, but they should be filed and refer to your deed, or a former deed to your property, usually by Book and Page where filed. Most deed registries cross reference the filings, so a good search should determine whether an easement exists. You may ask a title company to do the search and it shouldn't be very expensive. Perhaps an easier way would be to have a lawyer write the utility and ask them to show any paperwork that allows them to trespass on your property.

If you have utilities to your property, very often the easement allowing them to provide you with utilities is written so broadly that they have the right to do almost anything on your property.

If you have no easement for your utilities, and cause a fuss, they might disconnect you...

As suggested, I'd advise you to see a local lawyer.

 

[FarmerJ]

So you will know it , one thing you can do is check with your city/ county/ township zoning dept to learn under what conditions would a electric utility be forced to cease use of overhead lines and have to go underground and if so then are there any local ords that would require them to run new line to supply that customer in a way that does not cross another property. Dont let the location of the line stop you from putting in a garage, your elect util will trim branches that threaten its lines. If you put in a garage make darn sure you have your home ins policy updated. ( you may have to live with the utils overhead lines for now , but it sure would be handy for you to know under what situations a local ordinance would make them have to redo them just dont be surprised if you do not find much or if what you find only applies to brand new installs)

 

[justalayman]

The pole has been there for what appears to be about 27 years. They have an easement whether it is formally created or implied but yes, there is an easement in place.

To challenge the easement, it would easily cost you more than the fees to move it. The most prudent action would be to just pay to move it and be done with it/

 

[154NH773]

They have an easement whether it is formally created or implied but yes, there is an easement in place.

Not until a court declares it so.

To challenge the easement, it would easily cost you more than the fees to move it. The most prudent action would be to just pay to move it and be done with it/

Agreed!