Power Line Easement

[jmbil]

Recently purchased a house on Long Island in NY. The power lines are above ground and in front of my house across my property. The other neighbors have there wires buried underground. They got this without paying for it because the power company did not have an easement to cross thier property. Eveyone but the previous owner of my house told the power company they would grant them an underground easement if the company buried the wires for free.

Ok I did the same. I too found out their is not an easement. However the power company wrote me a letter saying that I have to grant them an easement either above ground or below. If below I have to pay them $30,000 to bury the wires.

The question is simple. Do I have to grant them an easement without being paid for it or at least making them go through the eminent domain process"

[justalayman]

You are saying the power lines cross your property beyond any road right of way owned or controlled by the local government?

No, you do not have to grant them an easement. Since the lines are there, I would suggest there is an easement or they have other legal rights to be there. You need to investigate this very thoroughly before trying to force anything on them.

Just to be sure, we are not talking about the power lines that feed to your house, right?

There are power lines on both sides of the road there? and these lines run underground until they get to your property and then they come up to poles and right after your property they go back to underground?

[jmbil]

Thank you for the reply.

Yes I am saying that the lines cross my property beyond any right of way.

Power lines do feed my house from the final poll and also my next door neighbor.

There are not power lines on both sides of the road because DEC owns across the street. All other lines run underground until they reach my property.

I guess the power company's stance is that they have an easement in gross. But my position is that it is not recorded so bury the lines and I will grant you an easement.

Maybe I should just drop it. After all I do want electricity and I am sure that my neighbor who shares the poll to power his line wants the power too!

[seniorjudge]

Originally Posted by jmbil

...

I guess the power company's stance is that they have an easement in gross. But my position is that it is not recorded so bury the lines and I will grant you an easement.

...

You will never win this battle.

[justalayman]

since this appears to be the feed to your house, you either grant the easement or figure out how to live Amish style.

If you don't grant the easement, how will they feed your house?

sounds like a standoff to me and they usually win