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Help - easement/fence question

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Happy123

Junior Member
What is the name of your state? AR Several individuals have viewed my prior post but no one has responded/offered advice. I know I will have to hire an attorney if I need to pursue this issue, but I was hoping for some help on do I even have a position prior to seeking out an attorney.

Facts: The two adjoining property owners and myself own a common electric service that serves the three properties (we split the bills in 1/3). The electric pole and service sit on the property in the middle. We have easement to the power, right to maintain lines, right to use and joint ownership spelled out in the deed.

The property owner of the middle lot is building a fence between his property and my property.. I really do not care if he builds a fence as long as I can access the power pole. Note the main breaker and breakers for my property are located at the power pole and in an emergency I need to be able to access the service as quickly as possible and having to go clear around the fence would hinder my ability to shut off the power to my property quickly.

Question: Do I have the right to require him to install a gate in the fence at a location agreeable to me so that I can access the service?

Question: Do I have any recourse if he continues to refuse to install a gate?
 
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Happy123

Junior Member
I have a permanent easement (that is all it says) to the power, water and sewer. I also have a right to maintain lines and right to use (which I am told works like an easement in the state of AR). The deeds also sets out the three property owners have joint ownership of the various utilities.

Thank you for responding
 

BelizeBreeze

Senior Member
Then there is absolutely nothing you can do to force the neighbor to install a fence. All you have is the right to the electricity eminating from the easement. You do NOT have ingress/egress rights nor do you have any other 'inherent' rights.

You are receiving the benefit of the easement by virture of your receiving the utility, that your home is hooked to the utility and that it is delivered to you.

If, at some point, you need to flip the breaker and cannot due to the neighbor's 50' high fence surrounding the easement or the utility pole, THEN and only then will you have an issue.

However, if the neighbor installs a fence which you can easily climb over or a fence that does not encircle the utility, there is nothing you can do about it.

After all , it's HIS property.
 

Happy123

Junior Member
BelizeBreeze - thank you for your input.

I do not want to force my neighbor to install a fence - just to have him install a gate in the fence he is building. I have no problem with him building a fence.

I feel I do have "inherent rights" in that the utilities (electric, water, septic) are "jointly owned" and that is spelled out in the deed - not just use of but we actually jointly own the pole, breakers, meters, lines etc.(it was mutually agreed to by all three property owners to install and split all costs for the installation of the utilities and to jointly own and share them - I know this was a dumb ideal but one that we did none the less) All the lines are underground and the right to maintain these lines is spelled out in the deed. My understanding is that this right to maintain (repair-replace-etc.) means I can ingress/egress on their property (and them on my property) to affect this maintance and to inspect/use the ownership rights. I know the actuall land is owned by the various property owners but the utilities that are on all three of ours property are jointly owned/shared.

I do not know if this changes anything. Again thank you for your input.
 

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