Easement issue

[Orange7885]

What is the name of your state (only U.S. law)? Missouri
I have an easement at the East edge of the servient property. It connects to another property that is not mine. Now, my easement is 16 feet to the West of that line. The north half is used by myself and 2 other land owners but not the servient.
The easement has a power pole sticking 3 feet into the easement. This only allows us 12.5 feet of usable easement. I have had a mobile home on my place for 6 years. I upgraded to a newer mobile 2 years and I am now wanting put another mobile on my 10 acres for my mother-in- law. I have taken 2 mobile homes down the easement and another property owner has taken 1. The servient has now installed a fence that constricts us to the said 12.5'because of his fence and the power pole. So is there anything I can do?

 

[justalayman]

To start with I would ask the servient tenant if you can remove the fence temporarily and reinstall it. Barring that; who do the utilities the pole carries benefit? If you, either consider having the utilities put underground or ask about temporarily laying down the pole (at your cost of course).

 

[Orange7885]

To start with I would ask the servient tenant if you can remove the fence temporarily and reinstall it. Barring that; who do the utilities the pole carries benefit? If you, either consider having the utilities put underground or ask about temporarily laying down the pole (at your cost of course).

I have tried both. The servient doesn't want development past his house. The pole carries my power but also holds his meter. I offered to pay for the meter to get relocated the 12' to the easement line. I have been denied every solution. I am thinking that prescriptive? Applies because we have gone around the pole for years. I also think that nessecity applies because it hinders my desired legal use of my property.

 

[FarmerJ]

Im curious , So who was the one that arranged for that pole to be installed in order to have electric service to start with ?

 

[FarmerJ]

second question ( since some icons are missing again ) In your county have they written any ordinances that spell out how wide a easement is to be for things like fire trucks or ambulances to make it through ?

 

[justalayman]

I have tried both. The servient doesn't want development past his house. The pole carries my power but also holds his meter. I offered to pay for the meter to get relocated the 12' to the easement line. I have been denied every solution. I am thinking that prescriptive? Applies because we have gone around the pole for years. I also think that nessecity applies because it hinders my desired legal use of my property.

Unless he owns the pole it doesn't matter if he agrees with the temporary disconnection or not (ultimately). It's the power company that has the say so


In fact, since his meter inhibits your full use of the easement he can be required to move his meter out of the easement. You are allowed to use the full width of the easement should you need it. His meter is preventing that (at least his demand it not be altered). That is presuming the power company will lay down the pole to be able to move the mobile home in. While they are there maybe they can move it to the outermost edge of the easement so you won't have this to worry about next time.

 

[Orange7885]

I have been trying to find a code or law for minimum width. I have heard it is actually 22' but nothing in writing. The pole has been there since before I bought the property.

 

[justalayman]

I have been trying to find a code or law for minimum width. I have heard it is actually 22' but nothing in writing. The pole has been there since before I bought the property.

The pole being there that long is irrelevent. He can't claim a prescriptive easement on his own property.

 

[FarmerJ]

Go to your county government offices and start with zoning desk and ask them if there are any county ordinances that regulate the width of privately owned road width when a easement is granted to others for ingress /egress and utility lines. ( someone in your county govt center should be able to tell you if there are any ordinances about that )