Los Angeles, CA - Utility Pole Easement on my Property

[socality]

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

When I purchased my home 15 years ago, it came with a Utility Pole Easement at the end of our property. The pole is used by the telephone company, power company and cable company(s) and perhaps others that we don’t even know about. I am not even sure who the primary easement belongs to. The pole provides service at least 10 other properties and has cables and wires in plain view going everywhere. Each company comes and goes on our property as they please without any advance notice. They also cut our trees and other foliage without permission. As you can imagine, on an esthetic level, it is awful.

My question is this. Why should for-profit companies, like those listed above, be allowed free access to my property to generate income for themselves? They are using my land from which they service me and other customers for which they charge us a fee. If the easement pole is owned by a single company, and is also being used by at least two other companies, does it not stand to reason that the primary owner (if there is one) is charging the secondary companies a fee to use their pole? Why should they be allowed to operate a money-making business on my property free of charge? Do I have any rights that I am not aware of? Should I not, at the very least, be getting the services that that Pole provides, whether telephone, electrical or cable, free of charge? After all, the Pole sits on my property. Do I have any voice in this matter, and if so, what City department handles these matters?

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

 

[FlyingRon]

No you don't have a say. Whoever granted that easement back in the past decided that it was worth while to do so (either because they got money for it, or they needed it to provide power to other properties they were developing). Of course, there's also the possibility that it was taken by eminent domain, but again, the supremes have determined that as long as there is some determined public good, even private companies can be given rights to your property.

Generally when new utilities (cable, etc..) want to use existing poles/easment not only do they owe money to the people who own the poles, but they need permits from the local government. Try the public utilities or corporation commission or whoever regulates such in our area.

 

[socality]

Where does it end?

Flying Ron,

Thanks for the response. If the Pole “owner” is indeed free to sublet pole-space to any new company that has the cash, isn’t that equivalent to operating a leasing company on my property? That certainly is a mangling of the definition of “public good”. Where does it end? Or does it?

I will try the City offices that you mention for more information. Thanks again.

 

[FlyingRon]

It's their easement. They are free to sublease it. Usually however, they're not deriving any profit on the matter. I used to sublease space on telephone poles up in New Jersey and my payments to the telephone company were trivial.