Trespassing By Charter Communications

[llucs]

What is the name of your state? NORTH CAROLINA

charter communications trespassed onto my property.....there is no utlity easement on it..............they came within the property line by 18 feet and then trenched and buried cable for 100 feet. The neighbor led them to believe that it was OK. I was not at home and what a surprise to see the damage done to 50 year old white pines with their roots ripped out of the ground....what recourse do I have?

 

[BelizeBreeze]

Sue them and the neighbor for tresspass and let a judge sort it out.

 

[cmre1]

I have a deal like that with the power company. I have sued and suit is pending. ( discovery stage.)

Our claims for relief:

Inverse condemnation. As a quasi-public entity, they are a private condemner with power of eminent domain and this is a "taking." In Oregon should I prevail this is one of the few torts that the legislature granted me attorneys' fees.

Trespass. In Oregon, the supreme court has ruled repeatedly that when someone interferes with the exclusive use of your land, emotional distress will naturally arise, so no further proof of damage by proximate cause is needed.

Injunction. Knock it off.

Ejectment. Get the H*** of my land.

Claims for relief include monetary for attorneys' fees, emotional distress, damage to land and vegetation, and rent of my land for commercial purposes. They sell a lot of electricity through those lines, and we want payment for that. Injunction and ejectment.

Punitive damages (maybe.) Their behavior has been all bad faith and foot dragging just to intimidate me by their size. Fat chance.

Good luck

 

[llucs]

Trespassing by Charter Communications

North Carolina****************************.....

cmlr1 has your case against your utility company progressed......Well, let's see it has been a year June 8,2006 since the cable company did their bad deed to me. I have finally gotten someone to admit who holds the franchise for Charter Communications in Rutherford College. The town does, so I called and asked if they held meetings concerning the franchise and for individuals who have complaints, she laughed! No**************.....I am so frustrated, If I felt there was a lawyer who would take this on against the big boy, I would jump on it in a heart beat****************************I just do not have the funds to fight this on my own**************....does anyone have a direction for me to go?

llucs
Burke County
North Carolina

 

[nextwife]

What is the name of your state? NORTH CAROLINA

charter communications trespassed onto my property.....there is no utlity easement on it****************************they came within the property line by 18 feet and then trenched and buried cable for 100 feet. The neighbor led them to believe that it was OK. I was not at home and what a surprise to see the damage done to 50 year old white pines with their roots ripped out of the ground....what recourse do I have?

Have you gone back and reread your title policy to verify that they do not have any easement rights?

 

[pojo2]

And in your communication with Charter they have said...

 

[llucs]

Charter Communications

In answer to the first response of utility easement**************no there is not one. The utility easement is located on the right side of the street extension. My property is below the street extension and turns into private paved drive and private property only me and two miles of woods til you get to the Catawba River ...No other road or drive....

Please excuse the time line.....my husband and I are keeping excellent records on this matter from day 1.

June 8, 2005 Date of intrustion, Trespassing and Property Damage
June 8, 2005 Calls made to Charter from 12:30pm til 4:06pm...project mgr(Prince
Telecom-subcontractor on his way...took pics and notes
June8, 2005 Project Mgr.with Prince Telecom sent letter and digital pics very detailed
photos and explanation of event. This was cc to Mike Kent(Charter Com)
and to Eric Newton (the subcontractor( who did the damage)
To quote the project manager, Charter is very rigid in their policies involving easement issues and are not flexible when it comes to getting proper authorization from all parties.
I thoroughtly explained the legal and financial ramifications of not getting signatures by relying on single party information. He assured us that if this happened again with this crew they would be terminated.
Meanwhile, the project manager Prince Telecom was fired shortly after this. A certified letter was sent to Charter Communications,August 25,2005 no response. Wrote the Attorney General of NC with all info....sent it back... this is not their jurisdiction. Contacted a State Rep and State Senator from this area......no response. I wrote to the FCC and their suggestion was to SUE....
I forwarded this FCC email(Calvin Howell) to Mike Kent with Charter, 2 minutes after it was sent, he emailed me back and wanted to know when we could meet. We are now in Dec 2005.
March 27,2006 Mike Kent with Charter came to view area and he just shook his head along with his superior (STeve). What do you want us to do? I want this wrong corrected.
We then sent the certified letter again to Mike Kent, with our thoughts on the matter and damage compensation.
April 12, 2006 Received a letter from Erie Insurance. The sub contractor Eric Newton has a policy with this company. O.K., today is June 18,2006 and they are still investigating? It is black and white**************Last Week I emailed Mike Kent and asked for the progress, he told me to call Erie Insurance**************....run around **************..run around......I get upset everyday ......I want to prove to Charter, that they can not just trench and lay cable ......without researching...and asking permission......

 

[pojo2]

Like it or not your next step is an Atty who knows what they are talking about when issuing a threat of a suit if this is not resolved immediately. Or you can let it drag on until NO one will accept your calls anymore and you get even more frustrated.

Oh and how is the suit going against this neighbor who gave permission for them to do the work?

PS in any written communication with anyone concerning this matter leave out all those periods and asterisks, this is meant as helpful not nasty.

 

[llucs]

Oh and how is the suit going against this neighbor who gave permission for them to do

Thank you for your advice, pojo2. Sincerely, I do appreciate it.

The subcontractor who actually did the work, said that the neighbor and his wife told him to go ahead and dig thru the trees. The neighbor and his wife (on the date of damage)came to our house, apologizing, saying they were in their kitchen and did not know where he was digging.

The manager of PrinceTelecom, tells us it is a matter of " he said/she said."

Who should sue the neighbor me or the subcontractor?

I live in rual western North Carolina and the lawyers around here are mostly for wills and deeds. Is there a specific type of lawyer I should inquire about? In Charlotte, the TV station has "Channel 9 On Your Side" for righting wrongs. Can you tell, I have never had to deal with anything like this and I am truly frightened.