What is the name of your state?What is the name of your state? Arizona, Navajo County, City of Show Low.
Hello!
Having done some research on Arizona law regarding easments, I find nothing regarding a utility company using an area outside of a residential easement.
Along the rear of my property, I have a 10 foot easement, deeded, recorded and I understand it. When I bought the property the power company (Navopache Electric CoOp), had a pole guy wire already inserted about 4 feet into my property, outside their easement. For 20 years I have lived with it not wanting to cause a problem, raise a stink, look foolish, etc. I came home today from several days away and I have a second guy wire inside the first, lower on the pole but still three feet outside their easement and dug into my property!
I could live with one, and I did, but two is unsightly, makes it difficult to clean up around a tree and it is just a pain!
Can they do this? Am I partly responsible becuase I did live with it for so long that now they can just do as they please without notifying homeowners?
Before I even address the coop, I would love some reference of case law, or something substantial if it exists.
Thanks for any thoughts, advice.
John J
Hello!
Having done some research on Arizona law regarding easments, I find nothing regarding a utility company using an area outside of a residential easement.
Along the rear of my property, I have a 10 foot easement, deeded, recorded and I understand it. When I bought the property the power company (Navopache Electric CoOp), had a pole guy wire already inserted about 4 feet into my property, outside their easement. For 20 years I have lived with it not wanting to cause a problem, raise a stink, look foolish, etc. I came home today from several days away and I have a second guy wire inside the first, lower on the pole but still three feet outside their easement and dug into my property!
I could live with one, and I did, but two is unsightly, makes it difficult to clean up around a tree and it is just a pain!
Can they do this? Am I partly responsible becuase I did live with it for so long that now they can just do as they please without notifying homeowners?
Before I even address the coop, I would love some reference of case law, or something substantial if it exists.
Thanks for any thoughts, advice.
John J