Utility easement

[stretch121]

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

My property has a utility easement outside my fence line (but well within my property boundary) intended for AT&T to access a couple of their junction "boxes". In recent weeks they have added some additional boxes outside my property boundary but had to dig trenches to connect them with the old boxes. Today, they are back and installing a large telephone pole within the easement on my property. Even if this new pole is inside the easement (which I will verify), don't they at least have to seek permission to add this pole, much less clear vegetation (large trees and bushes) for their trenches?

 

[divgradcurl]

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

My property has a utility easement outside my fence line (but well within my property boundary) intended for AT&T to access a couple of their junction "boxes". In recent weeks they have added some additional boxes outside my property boundary but had to dig trenches to connect them with the old boxes. Today, they are back and installing a large telephone pole within the easement on my property. Even if this new pole is inside the easement (which I will verify), don't they at least have to seek permission to add this pole, much less clear vegetation (large trees and bushes) for their trenches?

No. That's the whole purpose of the easement -- so they don't have to seek permission every time they need to add something or repair something. As far as damage to the vegetation, you can contact AT&T to see if they will repair the damages vegetation, but there is likely no requirement for them to do so (it would be based on your own state's laws), so long as they did not damage any plants or fixtures outside of the easement -- those they would clearly be required to replace or repair.

 

[stretch121]

Easement help

Thanks for the quick reply. I'm just a bit frustrated about everything that has been happening back there. Its a piece of the property that I don't even use (nor want to), but it is a nice natural wooded area that I'd rather have than not. I will definitely make sure they stayed within the easement- which I was aware of. I just didn't know that they (AT&T) could go and build a small civilization (obvious overstatement) just because I grant them access.

 

[rowz]

While I am sure the divgradcurl is correct, I would stil review the exact wording of the easement as it appears on your deed. There is the slightest possibility that they have overburdened their permissions. Even if it is not in you deed there could be some sort of general utility easement. You may need to check with a local land-use atty. to verify the correctness of your interpretation.

We had a similar issue with a local sewer authority. They were forced to remove their above-ground appurtenance as we discovered that the had neglected to secure the initial easement.

It was a point of law that if we had not re-searched the issue we would be smelling "****" at this moment