Transformer on Private Property not Property Line

[BlueRidgeHomeOwner]

What is the name of your state? NC

My husband and I bought property and built our home several years ago. Prior to our buying the property, at some point the property lines were redrawn but the transformer was never moved, so rather than being on the property line as the others are, it is probably 25-30' from the property line and 20-25' from the road. The lot below ours is still for sale and has a potential buyer. While we understand the power company has the right to access the transformer on their easement, what right would the new owner have to access the transformer to put up a temporary power pole and eventually a permanent line? We have landscaped the area and do not want contractors trampling our landscaping during the building process or having it dug up to run their permanent line at a later date.

Who would be responsible for moving the transformer?

 

[FarmerJ]

That new neighbor has every right to place power poles on their own property, Just not your property. What you didn't say is if this area you live in is served by underground lines and if this is a transformer box on the ground. You also didn't say what led to the transformers being placed on the lot lines. ( meaning was it some kind of local ordinance or was it because the builder and the electric company chose to place them where they did? ) Also you didn't say why property lines were re drawn but as I see it If the lot was split and added to others OR what ever the reason it was changed that the cost of having it moved including connections to your own home and any other homes it serves would be yours to bear. AS to any plantings & landscaping placed in the easement area I suspect you already know that the electric company can do what it must with in the easement unless the written easement limits them in some way. In the end here I suggest you carefully review the written easement and if need be to use the links above to consult with a Attorney who can assist you to understand any parts of it you did not and tell you if you what you may or may not be able to do to prevent any additional connections to it.

 

[xylene]

We have landscaped the area and do not want contractors trampling our landscaping during the building process or having it dug up to run their permanent line at a later date.

That's probably going to be inevitable one way or another, even in the unlikely event they agree to relocate the transformer.

Moving the transformer may require you to pay.

If you have any expensive or prized plants, consider relocating them.

Quite honestly the time to ask about utility easements and transformer siting was before the purchase of your property.

You are kinda blasé on this point "Prior to our buying the property, at some point the property lines were redrawn" andf you need to look into exactly how, when, why and by whom that was done - because it will be of crucial importance if you have any redress at all.

 

[BlueRidgeHomeOwner]

Thank you for responding. Yes, we do have underground lines and they are required in the subdivision. The transformer is on the ground.

I don't know why the transformers were put on lot lines other than to facilitate building. We live in a very rural area without a lot of building restrictions, so I would be surprised if there were ordinances with this but don't know for sure. I believe the property lines were redrawn after the development was purchased from the original developer because they wanted to make the lots larger than were originally drawn as the development was extended further up the mountain.

The area in question is basically rectangular and the easement occupies roughly a third in the middle so between the easement and the property line is property without any easement on it, which is where we have landscaped. I understand anything planted in the easement could be damaged should the power company need access.

We just don't want workers crossing areas of our property that has no easement on it to get to the easement area. Having just built our house, we know how destructive the construction process is and wish to preserve what is already there.

 

[154NH773]

In all likelihood the neighbor will have to run underground lines from the transformer to their home. You will have to study the Tariffs that regulate the utilities, but in my state (NH) once lines into an area are underground, all new lines must also be installed underground.

As far as the rights of the utility or the neighbor to dig up your property within the easement, the utility easement will probably allow that. You will have to investigate the easement language further. Whoever digs up your property will most likely be required to restore it to its original condition.

I doubt that moving property lines will affect the easement in any manner.

You must also look at the easement language to see if the utility has the right to trespass outside of the actual easement. Most utility easements are written by the utility companies, and they are known to cover all possible contingencies, including access outside of actual easement bounds. While they may not be allowed to install equipment or lines outside the easement, they may be allowed to cross or otherwise disturb that property. In some cases they may be allowed to run lines across your property outside the easement. Have a lawyer examine the language of the easement.


This is typical tariff language that comes from NC Dominion utility:

Normally, the Company does not install overhead facilities in areas served (or contracted to be served) by an underground distribution system. However, where adverse conditions exist which would cause an excessive investment by the Company if underground facilities were installed, overhead facilities may be utilized as needed to avoid such excessive investment. Should the Applicant or local ordinance require the installation of underground facilities, the Applicant shall pay the normal charges for underground service plus the estimated amount by which the cost of providing underground facilities under the adverse conditions exceeds the cost of providing underground facilities under normal conditions.

 

[FarmerJ]

If nothing else you might want to find out if you can pay the extra cost to have the newest connection made in a way where they follow your lot line then make a 45 degree turn and follow the approximate path of the line that goes to the next transformer box rather than a straight line crossing your property more directly in order to avoid some of your landscaping if it would work.