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?
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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