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Thread: Want to move telephone pole on property

  1. #1
    shayhines is offline Junior Member
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    Want to move telephone pole on property

    What is the name of your state (only U.S. law)? VA
    I recently purchased a house that has a telephone pole in the backyard. On the title search there was no mention of an easement for the pole. When speaking with a representative from the local phone company today, the pole was placed before the house was built by AT&T, then Verizon added lines to it, and then the local company added lines to it. I don't have service from any of the three companies. Anyway, the representative said it could be $5k to $10k to move it. What are my options regarding paying for it since it's not on the deed as an easement?
  2. #2
    ecmst12 is offline Senior Member
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    I suppose if they allow you to pay to move it you can.
  3. #3
    shayhines is offline Junior Member
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    Since there is no right of way/easement on my property could I make them at least pay some of it?
  4. #4
    tranquility is offline Senior Member
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    Utilities often have unrecorded easements. You can't make a legal conclusion of "no easements" without research. See a local property attorney. Besides, if there really are no rights to have the pole there, you will need one to litigate the issue so either way, that's your first step.
  5. #5
    latigo is online now Senior Member
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    Quote Originally Posted by shayhines View Post
    What is the name of your state (only U.S. law)? VA
    I recently purchased a house that has a telephone pole in the backyard. On the title search there was no mention of an easement for the pole. When speaking with a representative from the local phone company today, the pole was placed before the house was built by AT&T, then Verizon added lines to it, and then the local company added lines to it. I don't have service from any of the three companies. Anyway, the representative said it could be $5k to $10k to move it. What are my options regarding paying for it since it's not on the deed as an easement?
    You are placing much more faith and significance in your deed of conveyance than it deserves.

    Arguing that your property is not servient to an AT&T utility easement because it is not mentioned in your deed is a silly as maintaining that you own 50 feet into your neighbor’s backyard, including his swimming pool, simply because your deed does say so.

    People that run those companies weren’t born yesterday nor are they so stupid as to be installing expensive utility infrastructure by trespassing on private property!

    Or thinking that those poles and lines will remain invisible until the 20 years have passed and they can claim prescriptive rights.

    Forget about your deed. It's self-serving in this respect. Visit the county assessors's office. Someone there will enlighten you.
  6. #6
    shayhines is offline Junior Member
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    well i am a first time home buyer and don't know alot about deeds, easements and such, that's why i'm here asking...i apologize if the question was silly in your eyes. thanks for your opinion, have a great day!
  7. #7
    tranquility is offline Senior Member
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    Don't worry, that's just latigo being himself. He's often a little grumpy when I don't dress pretty for him. But, I rather think he's correct in substance on this matter.
  8. #8
    latigo is online now Senior Member
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    Quote Originally Posted by shayhines View Post
    well i am a first time home buyer and don't know alot about deeds, easements and such, that's why i'm here asking...i apologize if the question was silly in your eyes. thanks for your opinion, have a great day!
    I wasn’t suggesting that you would claim first rights to your neighbor's ’swimming pool. It was metaphorical.

    But let me propose this where I would be metaphorically appearing foolish.

    Say I purchased a used 2000 BMW, but due to errors between the dealer and DMV the new title came back to me listing the vehicle as being a 2010 model.

    Would it not be silly of me to insist that the dealer exchange the 2000 model for one built ten years later?

    * * * * *

    Its kinda like my friend Donl and the baked ham. His wife BJ had prepared a ham for Sunday dinner. After partaking of a few bites Donl commented that it didn’t taste particularly good.

    To which dear indignant wifey replied:

    “But it has to taste good. It’s a Hormel!

    * * * * *
    Of course, it is within the realm of possibilities that the utility company overlooked securing and/or recording an easement. But in the realm of probabilities it is extremely unlikely.

    Plus I can assure you that you have no recourse back against the people that issued your policy of title insurance. It will have excluded from coverage any liens, easements, encroachments, etc., etc., that show up on the public records or are visible upon a physical inspection.

    And speaking of visibility it occurs to me that if the utility pole is such an annoyance, why wasn't the legality of its presence questioned before you purchased the land? Hmmm?
    Last edited by latigo; 04-14-2012 at 01:36 PM. Reason: additions

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