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Utility adds guy wire outside easement

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johnjces

Junior Member
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
 


I AM ALWAYS LIABLE

Senior Member
My response:

Navopache?

Boy, things just aren't like they used to be in the 1800's.

I think the Apache should have gotten first billing.

Call a Tribal Council meeting and pass around a Peace Pipe. And, if that doesn't work, a nice Remmington Repeating rifle works really nice!

IAAL
 

Warped

Member
I'm not a lawyer!


Legal issues aside, I think I'd rather have 2 guy wires intruding a few feet into my property than a pole and live wires laying across it. :D Have you considered asking them if you could paint the guy wires green so that they blend into the background?
 

johnjces

Junior Member
I concur but

I concur with the fact that a couple of guy wires is much better than a pole with live wires on the ground and that should such ever occur the stress and the pole itself would fall away from my property. However, back to the legalities and ethics of their move...

It just irks me that they can just come onto one's property and "do it", not in their easement but anchored in my property and not say a word before doing it.

We have decorated the existing wire and have a nice plant growing up it. But two in line make it a bit weird. Again, is such legal?
 

johnjces

Junior Member
To: I am always liable...

Dude,

Just a name for a two county electric co-op. No res here, but just down the road a bit is the Apache Tribe. May have been done by Cable One. Not sure yet. They all share poles, easements etc.
 

ms.magoo

Member
To I am always liable

Now that I've read your response to this poster, don't you think that you're being just a little immature, an are giving from what I can read of your post, absolutely nothing that is reasonable legal, and civil advice ? I see that there's a pattern on how you go about answering to some of these posters. Please, if you don't have anything good an civil to answer to their problems, then leave the poor poster alone. You might find it real funny yourself to disc people constantly, but I find it in bad taste. Just my two cents, an no legal sense, just common two sense, lol. By the way are you a actual LAWYER ??? :rolleyes:
 

BelizeBreeze

Senior Member
ms.magoo said:
Now that I've read your response to this poster, don't you think that you're being just a little immature, an are giving from what I can read of your post, absolutely nothing that is reasonable legal, and civil advice ? I see that there's a pattern on how you go about answering to some of these posters. Please, if you don't have anything good an civil to answer to their problems, then leave the poor poster alone. You might find it real funny yourself to disc people constantly, but I find it in bad taste. Just my two cents, an no legal sense, just common two sense, lol. By the way are you a actual LAWYER ??? :rolleyes:
Get the corn cobb out of your ass and either provide ONE VALID Legal opinion or keep quiet.

John, the tribal co-op most likely has a prescriptive easement under Arizona statute from the pole to where the guide wire (first one) was installed which means to secure the pole they can use the length of land to the first wire to secure a second.
 

PghREA

Senior Member
ms.magoo said:
Now that I've read your response to this poster, don't you think that you're being just a little immature, an are giving from what I can read of your post, absolutely nothing that is reasonable legal, and civil advice ? I see that there's a pattern on how you go about answering to some of these posters. Please, if you don't have anything good an civil to answer to their problems, then leave the poor poster alone. You might find it real funny yourself to disc people constantly, but I find it in bad taste. Just my two cents, an no legal sense, just common two sense, lol. By the way are you a actual LAWYER ??? :rolleyes:
an - adjective Definitions: a form of "a": used instead of "a," the indefinite article, in front of words with an initial vowel sound

disc - disc [ disk ] (plural discs) noun Definitions: 1. comput
Another spelling of disk 2. musical recording: a phonograph record ( dated informal )
 

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