Easement

[DTM1966_2]

What is the name of your state? Texas.

our Nieghbor has an electrical. easement across our property. I own the pole in the easement and both of us have electrical cables on the pole. He is actually not using the cable for power right now. I am taking the pole down as I don’t need power anymore and don’t want to maintainthe pole which is old. The neighbor says I own the pole but he owns his cable and I can’t take his cable down because I am damaging his property. He wants me to put up another pole, bury his line or pay him an unreasonable amount of money to “buy” his cable. Is this cable abandoned. He is not even using it. Am I damaging his property by not providing him a pole to put the cable on. Thanks.

 

[Zigner]

What is the name of your state? Texas.

our Nieghbor has an electrical. easement across our property. I own the pole in the easement and both of us have electrical cables on the pole. He is actually not using the cable for power right now. I am taking the pole down as I don’t need power anymore and don’t want to maintainthe pole which is old. The neighbor says I own the pole but he owns his cable and I can’t take his cable down because I am damaging his property. He wants me to put up another pole, bury his line or pay him an unreasonable amount of money to “buy” his cable. Is this cable abandoned. He is not even using it. Am I damaging his property by not providing him a pole to put the cable on. Thanks.

You really need to speak to an attorney who can review all of the relevant details and offer an opinion.

 

[adjusterjack]

Am I damaging his property by not providing him a pole to put the cable on.

I don't know. Am I reading your easement document right now? No, I'm not.

A lawyer will have to read it.

 

[DTM1966_2]

I don't know. Am I reading your easement document right now? No, I'm not.

A lawyer will have to read it.

I don’t understand the need for sarcasm. The easement document does not talk about the equipment in the easement it just says he has an electrical easement.

 

[Just Blue]

I don’t understand the need for sarcasm. The easement document does not talk about the equipment in the easement it just says he has an electrical easement.

Nah...that wasn't really sarcasm...more like humorous wise-assness.

 

[FarmerJ]

So was your properties electric service re routed ? if it was and you dont need the pole then Id suggest doing nothing and letting him deal with the electric utility should the pole fail. even though you didnt mention it Im wondering if you are using solar -wind for your electric needs and if you are you may want to do nothing anyway because some day if you had to sell then a prospective buyer may want to have power from the grid and might choose to decline to buy for that reason. ( leaving it alone certainly doesnt hurt any thing ) & BTW if the neighbor is using that pole for his homes connection Im wondering how did that happen ? did you give him written consent to run line up that pole and connect ? If you didnt give consent then you have a huge amount of room to argue that the cost to replace now belongs to the electric company .

 

[DTM1966_2]

Electricity is to a cabin he no longer uses. In disrepair. He says he wants the cable should he ever decided to repair the cabin or sell the property and someone else wants to build on it. I also removed a cabin from my property. I was intending on leasing the property out to some deer hunters. I thought to remove the rotten pole before I did so. I was afraid it could be a known hazard. I own the pole. Not the electricity provider. The pole and his electrical cable were there when I bought the property

 

[FarmerJ]

Does this easement define abandoned ? So when > The neighbor says I own the pole < what exist to prove that you do ? ( does the electric utility have documentation to prove you own the pole even though it is shared ?) If the recorded easement is simple and did not define conditions where the easement expires then your neighbor may have a legitimate concern . I imagine your electric utility monitors the condition of ALL poles its energized lines are tied to. ( you may also want to learn if local ords have changed enough that each property would have to re reroute its electric lines to meet a newer code that says a line cannot cross over on to another persons property )

 

[STEPHAN]

I recently had to connect a house back to power that had been disconnected for 15 years. I had to bring the whole electric up to the current code. Existing poles and lines could not be used anymore. Check this out.

 

[Just Blue]

I recently had to connect a house back to power that had been disconnected for 15 years. I had to bring the whole electric up to the current code. Existing poles and lines could not be used anymore. Check this out.

Stephen, You're nakid! Your avatar is missing!!

 

[PayrollHRGuy]

Stephen, You're nakid! Your avatar is missing!!

I see the palm trees.

 

[Just Blue]

I see the palm trees.

They weren't there before...he was nakid.

 

[STEPHAN]

Stephen, You're nakid!

Always. But I thought my webcam was off?!?

Your avatar is missing!!

Have not touched it in years.