Utility right of way question - can they do this?

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  • hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
    25,987
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    Galt's Gulch
    I bought the lot behind me and removed the house about four years ago. There is a telephone pole about 50’ off the road on my property. There’s an old power line on it that used to supply the house. I asked REMC to remove it but they just disconnected it from the transformer.

    yesterday a truck was on my lot running a cable. I was late for work and didn’t stop to ask what they were doing. Now I see they ran a cable from the opposite side of the street pole across to my pole, then dropped a service line on my lot, and ran a cable along the ground, through my ornamental grass, and into the buried cable access box thing.

    can they come that far onto my property to run cable to someone else? I don’t want service back there. I don’t want two more overhead wires on my lot. I don’t want buried cable on my lot.

    First pic shows where the cable is coming from and going. Second pic shows where my pole is. The top wire is the disconnected power line



     

    Sigblitz

    Grandmaster
    Trainer Supporter
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    9   0   0
    Aug 25, 2018
    14,605
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    Indianapolis
    They should have put a pole in at the road. That's overstepping an easement and a burden for you to make improvements. I would start yelling now before quietly allowing it. Now if I had a tractor and some whisky.
     

    amboy49

    Master
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    5   1   0
    Feb 1, 2013
    2,300
    83
    central indiana
    I bought the lot behind me and removed the house about four years ago. There is a telephone pole about 50’ off the road on my property. There’s an old power line on it that used to supply the house. I asked REMC to remove it but they just disconnected it from the transformer.

    yesterday a truck was on my lot running a cable. I was late for work and didn’t stop to ask what they were doing. Now I see they ran a cable from the opposite side of the street pole across to my pole, then dropped a service line on my lot, and ran a cable along the ground, through my ornamental grass, and into the buried cable access box thing.

    can they come that far onto my property to run cable to someone else? I don’t want service back there. I don’t want two more overhead wires on my lot. I don’t want buried cable on my lot.

    First pic shows where the cable is coming from and going. Second pic shows where my pole is. The top wire is the disconnected power line





    The REMC undoubtedly has an easement for their pole. Many other entities feel they have the ability to attach their wires to the REMC pole without permission. I.e.cable, internet, etc. Odds are pretty high that whoever made the connection doesn’t have an agreement with the REMC. Additionally, I would be willing to wager a tidy sum that whoever ran the line doesn’t have their own easement across your property either.

    The response you got about complaining long and loudly is spot on. You might give the REMC folks a call just to confirm they haven’t entered into an agreement with someone else just to be sure. Then I would notify the violator, in writing, that they are effectively trespassing. Then explain if they don’t remove the line you will. They will likely acknowledge they plan to bury the cable, but that isn’t sufficient. Future issues for cable problems with just continue the wrongful installation issues.

    And, of course, there’s always the danger a mysterious rabid beaver could come along and chew through the cable - which would be a real shame.

    Lastly, do you have a good neighborly relationship with the adjacent property owner ? Perhaps you could get him (assumed gender) to also contact the cable company and tell them they need to move the line.

    (BTW, I am a director in a REMC Board and have a pretty good understanding of this issue.)

    Good luck.
     

    hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
    25,987
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    Galt's Gulch
    Thanks amboy, I called remc first on way to work and they it was not their truck. When I got home I saw it was coax style. I called Comcast and their agent had no clue but said he’d forward to the local installer crews who will contact me.

    It would be a SHAME if something happened to that pole....

    I like the pole. It holds my brake for the zip line :):

    my concern is this wire is patching a problem that caused an outage in the area. If I did something to it that could screw a lot of people.

    just want them to bore under the road within the easement
     
    Last edited:

    churchmouse

    I still care....Really
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    187   0   0
    Dec 7, 2011
    191,809
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    Speedway area
    Thanks amboy, I called remc first on way to work and they it was not their truck. When I got home I saw it was coax style. I called Comcast and their agent had no clue but said he’d forward to the local installer crews who will contact me.



    I like the pole. It holds my brake for the zip line :):

    Comcast will need more push unless they have changed.
     

    Dead Duck

    Grandmaster
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    53   0   0
    Apr 1, 2011
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    .
    PxjZEow.jpg
     

    spec4

    Master
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    1   0   0
    Jun 19, 2010
    3,775
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    NWI
    First thing I would do is look at my survey and title insurance policy. The survey will show the easement and the title policy will spell it out. That will give you direction.
     

    gregkl

    Outlier
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    33   0   0
    Apr 8, 2012
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    Bloomington
    If they are in the right, you probably won't get anything done. Long story short I took a case to the attorney general and back down with no restitution or resolve to a easement issue.
     

    hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
    25,987
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    Galt's Gulch
    So.... it turns out this is century link cable. I called and told them to take it down off my pole. I found this today. They cut my break line to my zip line yesterday. I’m considering calling the sheriff to report it and elevate this concern I have.



     

    snorko

    Grandmaster
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    361   0   0
    Apr 3, 2008
    8,350
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    Evansville, IN
    Cable/fiber installers are notorious about trespassing on other easements and many utilities hate it as much as owners. The pole on your lot looks like it was there to serve the house only so it should be able to be removed. Comcast took the easy way and now owes you for their encroachment.
     

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