Pole Relocation

[rivey1712]

What is the name of your state? I purchased a lot in Maryland. I am constructing a new home on a vacant lot. The lot has a electric pole sitting in the middle. I have been working with the electric company to relocate the pole to the back of my yard. I have paid them 13K to do this work. We are scheduled to start the pole relocation in a few weeks. However, my neighbor has refused to sign the right of way for the electric company has she feels my house will block her side view from her back yard to a settlement pond. Can she stop the movement of the pole? What rights does the utility have to move forward with the project. The lines cross over her property. She has suggested that I consider paying for her a new deck to get her release and reduce the size of my property so as to not block her rear side view...

 

[Zigner]

You don't have an inherent right to cross her property. If you don't agree with her offer, then you may wish to consider going around her property.

 

[HRZ]

you have a right to pass via the existing ROW...consider putting pole at edge of your property and paying for underground lines rest of way on your side

 

[rivey1712]

Thank you, currently the lines already cross her property, there is no work to be done on her property at all, only on mine. She feels that I should have to abide by the old building codes as opposed to the new building codes since the city made major improvements. Under the new codes my home can extend further back. Given that it can go back her view will be partially obscured. She is using the utility to try and force me to reduce the size of my home. I do not understand why the utility company needs her permission given the work is on my property. If she does not give consent will they stop work? What are my other options?

 

[justalayman]

If the utility says they will not complete the work without her blessing, the work won’t be completed. It really is that simple. You cannot force them to move the pole as they have no legal obligation to do so.

I suggest speaking with the power company and ask them to explain why they won’t complete the work without her permission. Explain that given there is no work on her land you don’t understand why they need her permission.


I don’t undertsnd the situation myself as you describe it as it makes no sense the power company would need her permission

Is it that maybe the relocation of the pole will change where the power lines cross her property? If that is the issue, if the new pathway is not within the current easement the power company holds, yes, they would absolutely need the neighbors permission to move the wires.

 

[HRZ]

I mean relocate pole in context of to extreme edge of your property but within existing row if permitted by new codes then run underground ...new codes would most likely apply to new building .

Sort out if there is proper easement and who is crossing what.

In one of the pole debates near me the folks who did the complaining were.stunned to learn the pole was in wrong place and landowner had right to remove pole entirely

Reads like neighbor is grasping at.straws to.preserve her view ....in many areas a utility has extra broad rights under color of.easement of necessity about where to.run lines ...and probably has some.darn skilled.people.who who might offer some non legal guidance ....but they probably won't step into a range war.

Not clear if she needs to cross your lands for power or you must cross her land .

My guess is first