Electrical Easement Issue

[ProsperGuy]

We live in Texas.

We have an 800 foot long driveway that is 30' wide that leads to the large part of our property. There is a 5' utility easement running along each side of the driveway.

We paid to have electrical poles and lines run along the edge of our property. parallel to the driveway. In doing do, we granted the electric company a blanket easement on the easement property that is defined as 30' wide, half of said width on each side of the electric lines. The easement has been properly filed with the county, and is the only one listed.

To me, that would mean that the easement would extend 15' on our side of the line would put the boundary roughly in the middle of our driveway and their would be around a 5 to 10 foot 'gap' before reaching the utility easement on the other side.

We have a new neighbor building on a lot on that side our driveway. The power company is saying they have a blanket easement, and can do whatever they want to. Their solution to get power to our neighbors lot is to install a pole on their lot, and run an aerial power line across our driveway.

I do not want to drive underneath a power line on my property. Our neighbors also have their own driveway access to the main road.

Is this something worth consulting an attorney?

Thanks

 

[Just Blue]

We live in Texas.

We have an 800 foot long driveway that is 30' wide that leads to the large part of our property. There is a 5' utility easement running along each side of the driveway.

We paid to have electrical poles and lines run along the edge of our property. parallel to the driveway. In doing do, we granted the electric company a blanket easement on the easement property that is defined as 30' wide, half of said width on each side of the electric lines. The easement has been properly filed with the county, and is the only one listed.

To me, that would mean that the easement would extend 15' on our side of the line would put the boundary roughly in the middle of our driveway and their would be around a 5 to 10 foot 'gap' before reaching the utility easement on the other side.

We have a new neighbor building on a lot on that side our driveway. The power company is saying they have a blanket easement, and can do whatever they want to. Their solution to get power to our neighbors lot is to install a pole on their lot, and run an aerial power line across our driveway.

I do not want to drive underneath a power line on my property. Our neighbors also have their own driveway access to the main road.

Is this something worth consulting an attorney?

Thanks

Is there a reason that you don't want to drive under a power line?

 

[ProsperGuy]

I don't mean this to sound snarky, but do I need a reason? It is my property and my argument is that their is not a legal easement across the total width of our driveway... at least I hope not. I'm also concerned about possible diminished value in the future if we ever decide to sell.

 

[FarmerJ]

SO when you checked with your city or county did you learn if they require new installs to run their own line all the way down to connect with out crossing another parcel.

 

[xylene]

Consult an attoney.

 

[154NH773]

I agree with you that they do not have a legal right to go outside the defined easement grant, which from your description I also agree is where you believe it is.
Have a lawyer write the utility and deny them the right to run the line as they have proposed.
Also, if they plan to connect to the line and poles you paid for, and you decide to allow it, you are probably entitled to compensation for a portion of your cost depending on where they connect.
If the utility ignores your letter, I would contact the public utilities commission for you state to help resolve the issue.

 

[154NH773]

Although I believe my answer above is correct based on your description, I have read many utility easements and most are written to allow the utility unrestricted air or access rights across other property of the grantor that may be outside an actual easement grant. That allows them to place poles within a narrow easement, but cross property to shorten the distance between poles, or to service the drop line to the dwelling.
It would seem that might be the situation in your case, since they have an easement (for poles) on both sides of your driveway that would allow them to crisscross the driveway as necessary to keep the lines straight and reduce tension on the poles.
Read the utility easement carefully, or have a lawyer review it.