Neighbor Denying use of utility pole- only way to get power.

[cltaylor810]

What is the name of your state? North Carolina
We purchased landlocked property with a deeded easement for a driveway. Our neighbors basically never thought the land would sell and are not very happy that we've decided to start using our easement. We met with the power company a few months ago and we were never told power would be dependent on the neighbor signing a utility easement. Now we are well into our build and closed on our construction loan and the power company is basically saying they have no way to get power to our land and unless the neighbor signs. The power line is about 10 feet from where our easement begins on her property. Our easement starts at the main road but we are told since it is a shared driveway they cant run it straight up our easement without the neighbors permission. We feel very stuck. What do we do next? does any type of insurance cover this? I am so confused and we don't really know where to go turn next.

 

[adjusterjack]

What do we do next? does any type of insurance cover this? I am so confused and we don't really know where to go turn next.

Did you get an owner's title insurance policy? If you did, read it and find out if this kind of thing is covered.

If you didn't get one, or it isn't covered, you'll need to file suit to enforce an easement. Consult an attorney.

 

[cltaylor810]

We did get title insurance when we purchased the land. I will definitely look into that! And I’ve already contacted two attorneys we used for closings on our land and on our construction loan. So hopefully they will have some answers for us.

 

[quincy]

We did get title insurance when we purchased the land. I will definitely look into that! And I’ve already contacted two attorneys we used for closings on our land and on our construction loan. So hopefully they will have some answers for us.

The seller of the property you purchased never disclosed the need for a utility easement?

 

[cltaylor810]

No and we didn’t realize a utility easement would be an issue since the easement is written in our deed. This is our first time ever purchasing land and we didn’t know they were separate things.

 

[quincy]

No and we didn’t realize a utility easement would be an issue since the easement is written in our deed. This is our first time ever purchasing land and we didn’t know they were separate things.

You really will need the real estate attorney(s) to assist you. If the extent of the easement rights granted is “access” to the property and nothing beyond that, you are limited in what you can do with your property without the neighbor (the servient estate) agreeing to an expansion of the easement rights. This could get costly.

 

[Zigner]

What is the name of your state? North Carolina
...the power company is basically saying they have no way to get power to our land and unless the neighbor signs.

I am pretty sure they told you the other option...you just don't want to pay that much money to have your own line & pole installed. I don't blame you.

 

[quincy]

I am pretty sure they told you the other option...you just don't want to pay that much money to have your own line & pole installed. I don't blame you.

cltaylor810 needs to acquire the rights to install the poles on, and lines over, the neighboring property.

 

[cltaylor810]

I am pretty sure they told you the other option...you just don't want to pay that much money to have your own line & pole installed. I don't blame you.

Actually no. That’s not an option as far as we know since we have to cross her land to get to ours even though we have a deeded easement we have to get her signature

 

[quincy]

Actually no. That’s not an option as far as we know since we have to cross her land to get to ours even though we have a deeded easement we have to get her signature

You are correct. You need to have the rights of access granted you with the current easement expanded to include a utility easement.

Again, you probably will not be able to do this on your own. Speak to a real estate attorney - and I would do this soon. You want to make sure your construction project can continue.

 

[Taxing Matters]

We feel very stuck. What do we do next? does any type of insurance cover this? I am so confused and we don't really know where to go turn next.

It's highly unlikely that any insurance covers this. Title insurance almost certainly won't help you with this as this is not a title related problem. And of course homeowners' policies don't cover this, either. And while you are focusing on electric service, you should also be thinking off all the other utilities you may need: water, gas, sewer, cable, internet, phone, etc. You may need easements for whichever of those services you plan to get for the house, too, and you'll want to get easements for all the utilities you want all at the same time. Indeed, you may want to include rights for utilities you don't plan to use but that a future buyer might want to ensure maximum resale value on the place down the road.

 

[quincy]

It's highly unlikely that any insurance covers this. Title insurance almost certainly won't help you with this as this is not a title related problem. And of course homeowner's policies don't cover this, either. And while you are focusing on electric service, you should also be thinking off all the other utilities you may need: water, gas, sewer, cable, internet, phone, etc. You may need easements for whichever of those services you plan to get for the house, too, and you'll want to get easements for all the utilities you want all at the same time. Indeed, you may want to include rights for utilities you don't plan to use but that a future buyer might want to ensure maximum resale value on the place down the road.

There can also be a problem with the construction of any structure on the property with only an access easement.

The dominant estate cannot exceed the limits of the grant, especially if to do so it places an undue burden on the servient estate.

 

[FarmerJ]

Have you asked the electric utility what they would charge to move that pole in question to the easement area ? has the electric utility told you what the cost would be say to run underground into the easement area for your home OR what it would cost to install another set of poles ? ( just so you know) Otherwise plan for talking to a real estate attorney about this problem and yes you may well have to sue using the courts to gain the ability to run utilities in that easement and dont forget to include the ability to run city water or city sewer there in the future as well as any other utility , gas , standard telephone line Digital line from say a DSL/ broadband catv & phone combination company,

 

[quincy]

Have you asked the electric utility what they would charge to move that pole in question to the easement area ? has the electric utility told you what the cost would be say to run underground into the easement area for your home OR what it would cost to install another set of poles ? ( just so you know) Otherwise plan for talking to a real estate attorney about this problem and yes you may well have to sue using the courts to gain the ability to run utilities in that easement and dont forget to include the ability to run city water or city sewer there in the future as well as any other utility , gas , standard telephone line Digital line from say a DSL/ broadband catv & phone combination company,

Running lines underground through the neighbor’s property is problematic without a utility easement. The cost is not as much of a factor as the legality.

 

[FarmerJ]

I asked if he had information as to the cost of separate lines so he would have the information. Other wise i can see a home power generator in his future as well as a 500 to 1000 gallon propane tank and having propane delivered if he cant get a court to agree with him about expanding the easements use.