Neighbors power lines running across my property

[TheDude']

State: California

Power on my street comes from lines running along the back of each property. Because of our longer parcel an additional pole was placed along the side of my property which feeds power to my home and my two immediate neighbors homes. The neighbor adjacent to the pole and I have drops from this pole to our electric boxes w/out issue. The neighbor opposite the pole has a drop running across my entire property perpendicularly.

This drop is situated in between my house and my detached garage (about 25 feet of open space). I would like to build an addition in this area essentially closing this space in with new home and connecting the detached garage to the house. Obviously, this power drop must be moved in order to build the addition.

There is no record (that I can find) of an easement for this power line to run across my property. It's not on the deed and not on any records at the County Assessors office. In contacting the power company (PG&E) they've described it as a "prescriptive easement", implying that it's been there so long (homes were built between 1950-1960) that it's grandfathered in as an easement.

PG&E has indicated that the only way to move the line is to run my neighbors power up the other side of my (and their) property line and place a new pole there that then feeds only them. PG&E has given me a quote of $20,000 to have this done.

In asking around I've been told that the best tactic is to file a complaint with the Utilities Commission and hope that they side in my favor to force PG&E to move the line at their expense.

What are my rights here? Does the lack of a formal easement give me any leverage? How true is this "prescriptive easement" they're hinging their rights on? I have a hard time understanding how I can be responsible for moving a line that is not servicing my own property. Thank you!
Rob

 

[PayrollHRGuy]

I believe 5 years of use is the requirement in California for a prescriptive easement. I would take the Utilities Commision complaint route due to the fact that it likely the cheapest way to go and likely the only one that has any chance of success.

 

[FarmerJ]

in older suburban and urban areas how those homes were hooked up was a rather normal thing at one time but when it comes time for new drops to be installed some cities have changed ordinances so that the only way over head drops can be used is when they are mid line so the actual drop servicing a home does not cross another parcels air space. SO where I was going with this is to check to see if your city requires a change in the drop to that one house

 

[TheDude']

Thank you both. I have a follow up question for each of you

@PayrollHRGuy: If I bring this to the Utilities Commission, what is my legal argument for the complaint? Do I have any other than "this seems very unjust" (says the guy trying to avoid a $20k expense)?

@FarmerJ: I took a crack at my city ordinance to try to find out the status of what you're describing, but the ordinances seem to be a bottomless pit of legalese and disorganization. How would one go about pinpointing the necessary information from Municipal Code?

 

[not2cleverRed]

Thank you both. I have a follow up question for each of you

@PayrollHRGuy: If I bring this to the Utilities Commission, what is my legal argument for the complaint? Do I have any other than "this seems very unjust" (says the guy trying to avoid a $20k expense)?

@FarmerJ: I took a crack at my city ordinance to try to find out the status of what you're describing, but the ordinances seem to be a bottomless pit of legalese and disorganization. How would one go about pinpointing the necessary information from Municipal Code?

I'm pretty sure that you'll find out easily enough when you submit your plans for a building permit and they get rejected.

 

[PayrollHRGuy]

Thank you both. I have a follow up question for each of you

@PayrollHRGuy: If I bring this to the Utilities Commission, what is my legal argument for the complaint? Do I have any other than "this seems very unjust" (says the guy trying to avoid a $20k expense)?

You don't really have one which is why I didn't suggest you sue anyone. I'd go with the fact that $20K is excessive unless the yards in question are huge.

 

[FarmerJ]

SO when you called your city building inspections desk to ask them for help they told you ?

 

[TheDude']

@FarmerJ: You mean I have to actually pick up the phone?! The internet is so much more appealing

In all seriousness, thanks to all of you.

 

[xylene]

Will your building plans will require an engineer or architect stamp?

That person or persons would be a great resource as would be your builder if you are not acting as your own GC.

 

[FarmerJ]

Your city building inspections department staff should be able to explain to you any part of the ordinances that may address overhead drop lines such as electric telephone and catv lines that you need help with understanding since this is part of what the job they have and if they wont do it then you go to that persons supervisor since your city /county taxes how they get paid. You really don't have to phone , you could go there in person too