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Easement to get electricity to our property

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Salove62

New member
I have 40 acres across the street from a small subdivision. I would like to build a home on the property but need to run electricity across the road. However, because I will not allow the residents of this subdivision to dump their leaves and other yard waste on my property, the person where the pole sits where we need to get electricity from refuses to sign an easement agreement. When first asked, he agreed but decided later when approached to sign the agreement, to not grant this access. The pole is literally 10 to 15 feet from the road and the shortest distance to run the electricity. How can a person be the deciding factor on what pole we get electricity from when the pole is literally very close to the road? Is there not an easement that the electric company owns that can override the homeowner's decision? How can a person be denied access to electricity anywhere in this day and age? I do have pictures of where the pole sits and the distance of where the electricity would have to run.
 

LdiJ

Senior Member
I have 40 acres across the street from a small subdivision. I would like to build a home on the property but need to run electricity across the road. However, because I will not allow the residents of this subdivision to dump their leaves and other yard waste on my property, the person where the pole sits where we need to get electricity from refuses to sign an easement agreement. When first asked, he agreed but decided later when approached to sign the agreement, to not grant this access. The pole is literally 10 to 15 feet from the road and the shortest distance to run the electricity. How can a person be the deciding factor on what pole we get electricity from when the pole is literally very close to the road? Is there not an easement that the electric company owns that can override the homeowner's decision? How can a person be denied access to electricity anywhere in this day and age? I do have pictures of where the pole sits and the distance of where the electricity would have to run.
Have you discussed this with the electric company? I would think that they would be the ones to make the decision.
 

Zigner

Senior Member, Non-Attorney
I have 40 acres across the street from a small subdivision. I would like to build a home on the property but need to run electricity across the road. However, because I will not allow the residents of this subdivision to dump their leaves and other yard waste on my property, the person where the pole sits where we need to get electricity from refuses to sign an easement agreement. When first asked, he agreed but decided later when approached to sign the agreement, to not grant this access. The pole is literally 10 to 15 feet from the road and the shortest distance to run the electricity. How can a person be the deciding factor on what pole we get electricity from when the pole is literally very close to the road? Is there not an easement that the electric company owns that can override the homeowner's decision? How can a person be denied access to electricity anywhere in this day and age? I do have pictures of where the pole sits and the distance of where the electricity would have to run.
You can't just force your will upon your neighbor about the use of his land, just like he couldn't force his will upon you. You have other avenues to receive power, and will have to avail yourself of another route to receive your power. Of course, you could always sweeten the pot with a cash offer to the neighbor...
 

Just Blue

Senior Member
I have 40 acres across the street from a small subdivision. I would like to build a home on the property but need to run electricity across the road. However, because I will not allow the residents of this subdivision to dump their leaves and other yard waste on my property, the person where the pole sits where we need to get electricity from refuses to sign an easement agreement. When first asked, he agreed but decided later when approached to sign the agreement, to not grant this access. The pole is literally 10 to 15 feet from the road and the shortest distance to run the electricity. How can a person be the deciding factor on what pole we get electricity from when the pole is literally very close to the road? Is there not an easement that the electric company owns that can override the homeowner's decision? How can a person be denied access to electricity anywhere in this day and age? I do have pictures of where the pole sits and the distance of where the electricity would have to run.
What state?
 

adjusterjack

Senior Member
How can a person be the deciding factor on what pole we get electricity from when the pole is literally very close to the road?
A person is not the deciding factor, a court of law is.

Is there not an easement that the electric company owns that can override the homeowner's decision?
There is possibly a utility easement that the electric company has a right to access. Contact the electric company.

How can a person be denied access to electricity anywhere in this day and age?
Nobody's denying you access to electricity. You can run a generator, use solar power, even install a wind turbine to generate electricity or run power lines from elsewhere. The only thing you are being denied is the least expensive alternative.

Contact the utility company. If that doesn't help, consult an attorney. If you don't want to pay an attorney consider one of the other alternatives.
 

bcr229

Active Member
There is possibly a utility easement that the electric company has a right to access. Contact the electric company.
This. I have two poles that run along the edge of my property and the easement for that power line actually extends over my property line to the graveled shoulder for the road. If the power company wanted to run a line from one of those poles to service a property across the street I would have no say in the matter.
 

FarmerJ

Senior Member
Does this electric company now install underground where ever they can including running lines down a pole then into the ground and underground till it gets to where it needs to go ? or would they be connecting a over head line from another pole onto that pole on his land ?
 

154NH773

Senior Member
Having fought this fight, I will say that if a pole is on private property, there is most likely an easement that allows the power company to run lines over that property. You can look up the power company’s easement at the registry.
The best advice is to talk to the utility and ask them how you should proceed.
if there is no easement allowing them to use that pole to service you, ask them how they propose to get you service.
Because of the problems I had with my neighbors, my utility easement (which I wrote) specifically does not allow them to use equipment (transformer) on my property to service other properties, so it is possible you may find a problem, but the utility’s original easement they wanted me to sign would have allowed them unlimited access. My guess is that your utility company already has unlimited access to that pole.
 
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