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Link Posted: 4/28/2023 10:16:42 AM EDT
[#1]
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Yup.

Exactly what’s been happening here.
Link Posted: 4/28/2023 10:17:34 AM EDT
[#2]
Distribution aerial easements around here start at the center and go up in a V shape.

Buried utility easements are on the ground 10 ft to 20 ft.

Eta
Ah I see it's transmission line.

Not sure about that. Usually transmission ROW would a dedicated path and not usually right in your backyard like distribution lines.
Link Posted: 4/28/2023 10:19:24 AM EDT
[#3]
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We had the state condemn about 150 useless square feet of our 60 acres for a right of way for a turnaround when they removed a bridge.  They don't fuck around.  The good news is we got about 3 grand for it.  I am certain it should have been $300 but apparently the state uses subcontractors who are literally retards.
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One of my projects is currently held up by 2 landowners in a rural part of the state.  My client, a utility, has to relocate because of DOT widening the rural highway.  One landowner just relocated to Oklahoma from California (Californians are a blight on humanity if anybody was wondering).
Link Posted: 4/28/2023 10:21:06 AM EDT
[#4]
Based on the replies in the group from others on the street that have contacted them; sounds like we better get ready to bend over

I got a month to move a shed and tear down a fence I guess.

Not sure what Im gunna do about my doggo without a fence
Link Posted: 4/28/2023 10:22:26 AM EDT
[#5]
If your map is correct then the power company has a 25.5 feet easement on your land which it may assert by having you remove the fence and shed.  That certainly shrinks the useable space.  You kids may play on it and your dog can sh*t on it.  You can even garden on it but if they need access, your garden gets stomped with no recourse.  Back to the title insurance.  Was this covered in your deed and did you have title insurance?  The easement should have been divulged to you when you bought the house.
Link Posted: 4/28/2023 10:22:55 AM EDT
[#6]
Here most lines in residential areas are being put underground now.  So hopefully that’s what they will do at your place.
Link Posted: 4/28/2023 10:25:42 AM EDT
[#7]
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Quoted:
If your map is correct then the power company has a 25.5 feet easement on your land which it may assert by having you remove the fence and shed.  That certainly shrinks the useable space.  You kids may play on it and your dog can sh*t on it.  You can even garden on it but if they need access, your garden gets stomped with no recourse.  Back to the title insurance.  Was this covered in your deed and did you have title insurance?  The easement should have been divulged to you when you bought the house.
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Im going to have to pull it all up. I dont recall the specifics as its been awhile

Regardless I guess this easements go back to the 70s based on some of the replies Im seeing from neighbors.

I dont recall anyone specifically telling me that the fence and shed were in violation of a easement when I purchased the property. I did not place them there to be clear and was there well before I was.

Regardless its probably gunna be what it is
Link Posted: 4/28/2023 10:27:11 AM EDT
[#8]
Happened to a buddy in NC. He bought a house with a nice little yard and then about 100 yards of woods with a state highway on the other side. It was a little noisy in the winter with the leaves down but ok in the summer. About 3 years is the state decides they are not only expanding that road but also shifting it….turns out those woods were an easement.

Within about a year my buddy had a 4 lane busy state highway about 100' from his back porch. Nightmare fuel.
Link Posted: 4/28/2023 10:27:41 AM EDT
[#9]
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Quoted:
The easement is on the title whether he thinks he signed it or not.
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That is true as long as the utility originally did their homework, obtained the needed easement and recorded said easement.  Some rural utilities back in the day did not do a great job of doing all three of those steps.  

OP, look at your title insurance paperwork that you got when you bought the place.  It will list the easements.  Take that book and page to your County Recorder and ask for a copy of the easement filed at that book and page.  That will give you an idea of what the utilities rights are.
Link Posted: 4/28/2023 10:31:47 AM EDT
[#10]
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Come on Aimless you know the rules

We still on the first page

I havent even seen the letter yet

This is the time for utility horror stories and GD telling me to take a rooftop korean approach
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Best to read (several times possibly) the letter before even posting here.

This is like someone posting that his car won't start.  What should he do?  Zero details.  Just zero to panic in three seconds.
Link Posted: 4/28/2023 10:33:55 AM EDT
[#11]
Time to start planting corn??
Link Posted: 4/28/2023 10:39:55 AM EDT
[#12]
Our second house was on a flag lot, corner of the neighborhood backed up to the road. We had a double sized lot, but the whole south 1/4 was concrete. The wall around the neighborhood had a gate to this concrete that connected to my driveway and the neighborhood. It was an easement from the power company for access, the trucks couldn’t make the turns coming in the front gate and this was their solution.

We got yelled at for parking in a fire lane, HOA notices for trespassing, every person in the neighborhood used it as their walking path. No one seemed to understand what an easement is. Finally had a letter written by our attorney to get the HOA calmed down. The easement allowed the power company access with notice and nothing more. Anything they touched would be returned to the original state. We could put anything we wanted there that could be moved.


TLDR. They aren’t going to drive through the easement with a bulldozer, build their shit and move on. It’s just access. You already have power lines there, do you expect them to service or replace them by helicopter?
Link Posted: 4/28/2023 10:40:25 AM EDT
[#13]
If your map is correct then the power company has a 25.5 feet easement on your land which it may assert by having you remove the fence and shed.  That certainly shrinks the useable space.  You kids may play on it and your dog can sh*t on it.  You can even garden on it but if they need access, your garden gets stomped with no recourse.  Back to the title insurance.  Was this covered in your deed and did you have title insurance?  The easement should have been divulged to you when you bought the house.
Link Posted: 4/28/2023 10:42:14 AM EDT
[#14]
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Do you own a Daewoo rifle? Does your roof have a flat spot you can access? You know what must happen! (Bonus points for chanting “Rodney King”!)
Link Posted: 4/28/2023 10:43:51 AM EDT
[#15]
If they have 25.5 ft of ROW in your backyard where is the other 74.5 ft of their easement?

From what I understand 138kv is a 100ft ROW.

Is it empty field behind you? Can they access their equipment from there? That is usually the case.
I would get clarification before I went to tearing down a fence or moving a shed.

That may just be a generic letter they sent to everyone that has the ROW in their yard.

Maybe Mr. Billy 10 houses down has stuff that is actually in the way, so they just send the same letter to everyone.
Link Posted: 4/28/2023 10:47:25 AM EDT
[#16]
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Quoted:
Our second house was on a flag lot, corner of the neighborhood backed up to the road. We had a double sized lot, but the whole south 1/4 was concrete. The wall around the neighborhood had a gate to this concrete that connected to my driveway and the neighborhood. It was an easement from the power company for access, the trucks couldn’t make the turns coming in the front gate and this was their solution.

We got yelled at for parking in a fire lane, HOA notices for trespassing, every person in the neighborhood used it as their walking path. No one seemed to understand what an easement is. Finally had a letter written by our attorney to get the HOA calmed down. The easement allowed the pier company access with notice and nothing more. Anything they touched would be returned to the original state. We could put anything we wanted there that could be moved.


TLDR. They aren’t going to drive through the easement with a bulldozer, build their shit and move on. It’s just access.
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Easements aren't ownership.  Easements just generally delineate surface usage, access, or utility crossings.  

Where some of my problems arise is that old easements were generally what we call blanket easements.  They are accurately described to within a quarter section....usually.  With successive ownership, you better hope the chain of title is clearly delineated.  New easements are generally described with metes and bounds.
Link Posted: 4/28/2023 10:50:46 AM EDT
[#17]
Yeah 25.5' does not sound possible for 138kv.  There is what looks like a +/- sign so that may be a centerline and it is a 51' easement.    I have never seen one even that low.    80' lowest I have ever seen here in KY/OH.   What is the pole structure?  I am sure some fine T-Line engineer will be a long to provide input.  



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Quoted:
If they have 25.5 ft of ROW in your backyard where is the other 74.5 ft of their easement?

From what I understand 138kv is a 100ft ROW.

Is it empty field behind you? Can they access their equipment from there? That is usually the case.
I would get clarification before I went to tearing down a fence or moving a shed.

That may just be a generic letter they sent to everyone that has the ROW in their yard.

Maybe Mr. Billy 10 houses down has stuff that is actually in the way, so they just send the same letter to everyone.
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Link Posted: 4/28/2023 10:59:30 AM EDT
[#18]
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Quoted:
Trust me, you'll do much better playing nice than playing hardball.

I work for a utility, and at the end of the day they will win if you choose to fight them.
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Agreed.
Link Posted: 4/28/2023 11:00:02 AM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If they have 25.5 ft of ROW in your backyard where is the other 74.5 ft of their easement?

From what I understand 138kv is a 100ft ROW.

Is it empty field behind you? Can they access their equipment from there? That is usually the case.
I would get clarification before I went to tearing down a fence or moving a shed.

That may just be a generic letter they sent to everyone that has the ROW in their yard.

Maybe Mr. Billy 10 houses down has stuff that is actually in the way, so they just send the same letter to everyone.
View Quote


He said he thinks the easement was from the 70s.  It would very well be that the typical easement width was less at that time, or they made an exception due to the homes, if they were existing.
Link Posted: 4/28/2023 11:00:44 AM EDT
[#20]
I'm willing to bet most folks in your neighborhood like having electric power.  Hence, the reason for the easements.  Anytime you built something in a utility easement, it's subject to removal.
Link Posted: 4/28/2023 11:04:15 AM EDT
[#21]
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Quoted:

Do you own a Daewoo rifle? Does your roof have a flat spot you can access? You know what must happen! (Bonus points for chanting “Rodney King”!)
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This took way too long to be suggested
Link Posted: 4/28/2023 11:05:47 AM EDT
[#22]
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Quoted:
Yeah 25.5' does not sound possible for 138kv.  There is what looks like a +/- sign so that may be a centerline and it is a 51' easement.    I have never seen one even that low.    80' lowest I have ever seen here in KY/OH.   What is the pole structure?  I am sure some fine T-Line engineer will be a long to provide input.  




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Beyond my fence is a small drainage ditch and then immediately another neighbors yard and fence

I wouldnt say theres maybe 20 yards from my fence to his fence
Link Posted: 4/28/2023 11:08:54 AM EDT
[#23]
Dig a shallow depression about 20' in diameter. Fill it with water. go to a reptile store and find some kind of frog or toad. put it in the water. Call the EPA about the wetland you are concerned the power company is about to destroy. Send them pictures.

Enjoy the shit show.
Link Posted: 4/28/2023 11:11:26 AM EDT
[#24]
Eh. If they don’t need to they won’t really do much. From my experience they’ll take down fence panels and replace them when done. It’s an easement, not a right of way.
Link Posted: 4/28/2023 11:12:03 AM EDT
[#25]
If you're lucky, it will be Star Construction out of Texas doing the work. They excel at fucking things up.
Woke one day to firetrucks and a yard full of firemen one day about noon.
I work 3rd shift and was dead asleep when the firemen were pounding on my front door. They needed access to my garage to turn off my furnace and water heater as the dumbass Star Construction crew cut the gas line from the main line through our subdivision into my house.

Talked to the utility crew as they were repairing it. They said this crew is getting a huge fine as this was the 3rd time in our subdivision alone, and the 7th or 8th time in 2 weeks they cut a gas line. Foreman said the construction crew foreman was on his way and was going to be handed a $50k fine.

The line was repaired. The fireman lit my furnace and water heater and said have a nice day.

Leaving for work that same night about 8pm, I looked into the cul de sac down below is and saw a huge geyser of water shooting straight up in the air. Yep, same crew cut the water line at the neighbors house.

Immediately called the wife and told her to go out on the back deck and look right. She started laughing hysterically.

Please hope you have Star Construction coming to do the work. It will be a riot ! And you may get free work done on your yard to boot.
Link Posted: 4/28/2023 11:15:09 AM EDT
[#26]
I'm going to be amazed if they are putting transmission lines in that proximity to (what seems to be ) several dwellings.
Link Posted: 4/28/2023 11:15:16 AM EDT
[#27]
I have an easement for transmission lines. 3 towers worth. Power company is super cool. They don’t bitch about my trees under the easement even though technically they could, they are re building a 14’ road on the property line, and have even mentioned for the upcoming project rerocking my driveway if they can use it for 7 days.
Link Posted: 4/28/2023 11:16:31 AM EDT
[#28]
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I have an easement for transmission lines. 3 towers worth. Power company is super cool. They don’t bitch about my trees under the easement even though technically they could, they are re building a 14’ road on the property line, and have even mentioned for the upcoming project rerocking my driveway if they can use it for 7 days.
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Everyone hates our power company so I have to imagine its going to be a bad time
Link Posted: 4/28/2023 11:17:52 AM EDT
[#29]
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Quoted:
Get a letter from power company approving shed and fence in existing location as a condition of your granting of easement.
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I got the impression that the power company already has the easement. Normally easements exist before the house is built and first sold. It does seem  to be a larger than normal easement. The area my home is in has a five foot easement on each lot for a ten foot wide utility easement. It is common to see fences in the easement but not buildings. Someone might put a small shed on pavers so that it could be moved but even that is taking a chance.
Link Posted: 4/28/2023 11:19:48 AM EDT
[#30]
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Here most lines in residential areas are being put underground now.  So hopefully that's what they will do at your place.
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Yeah the insisting on moving stuff instead of "work around it and might damage things" sounds like an underground line.

That's a good thing, but means actually having to move stuff now.
Link Posted: 4/28/2023 11:25:53 AM EDT
[#31]
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Quoted:



I got the impression that the power company already has the easement. Normally easements exist before the house is built and first sold. It does seem  to be a larger than normal easement. The area my home is in has a five foot easement on each lot for a ten foot wide utility easement. It is common to see fences in the easement but not buildings. Someone might put a small shed on pavers so that it could be moved but even that is taking a chance.
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I saw a certified letter mailing and thought it might be for a new easement. Since the easement on OP's property is existing, the power company will raze his house since it is near the easement and electrocute his dog.
Link Posted: 4/28/2023 11:31:01 AM EDT
[#32]
There is a survey required to close on a home. It might be a really old document though. Should still show easements.
Link Posted: 4/28/2023 11:31:03 AM EDT
[#33]
Lol neighbors are already discussing using parked vehicles to block any access to the ditch area

This is going to be a cluster fuck
Link Posted: 4/28/2023 11:32:51 AM EDT
[#34]
If I were you I would start to procure various arrowheads, woven basketry, and scatter them liberally in the area.
Link Posted: 4/28/2023 11:35:45 AM EDT
[#35]
SMH some of y'all are idiots.

Move the shed.  Remove the fence and set the pieces aside.   When the power company is done working put the shed and fence back.

In 30 years when the power company has to do the next upgrade whoever owns the OP's house will get another letter.
Link Posted: 4/28/2023 11:38:07 AM EDT
[#36]
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If I were you I would start to procure various arrowheads, woven basketry, and scatter them liberally in the area.
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Boy we only a few miles from burial mounds too
Link Posted: 4/28/2023 11:39:07 AM EDT
[#37]
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Quoted:


I cannot believe no one has suggesting rooftop koreans yet
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No one’s mentioned it yet because we all assume they’re already emplaced.
Link Posted: 4/28/2023 11:41:38 AM EDT
[#38]
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Quoted:
SMH some of y'all are idiots.

Move the shed.  Remove the fence and set the pieces aside.   When the power company is done working put the shed and fence back.

In 30 years when the power company has to do the next upgrade whoever owns the OP's house will get another letter.
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Exactly , this is a once in 40 year kinda thing barring storm damage .

And honestly , fuck your neighbors for wanting to be douchebags
Link Posted: 4/28/2023 11:46:05 AM EDT
[#39]
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Quoted:


Beyond my fence is a small drainage ditch and then immediately another neighbors yard and fence

I wouldnt say theres maybe 20 yards from my fence to his fence
View Quote



Little guy (you) vs Big guy (the power co) is a bad fight, so it needs to be Little guy (the power co) vs Big guy (Federal Govt) for entertainment value.  It sure would be terrible to find some federally protected endangered fungus or something that you couldn't' move your shed without disturbing...  Maybe there is a flood plain or other natural resources they are going to disturb...  The thought of a perfectly straight line of power poles stretching for miles, but with one little jog in the middle to try to avoid some hairy spotted ground mouse den makes me chuckle...
Link Posted: 4/28/2023 11:51:33 AM EDT
[#40]
Got friends?  A protest this size seems proportional to this outrage.

Attachment Attached File

Link Posted: 4/28/2023 11:52:23 AM EDT
[#41]
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Quoted:
Got friends?  A protest this size seems proportional to this outrage.

https://www.ar15.com/media/mediaFiles/312702/download_jpg-2798556.JPG
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Who needs friends when you got a whole street full of pissed off families
Link Posted: 4/28/2023 11:52:36 AM EDT
[#42]
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Quoted:
Lol neighbors are already discussing using parked vehicles to block any access to the ditch area

This is going to be a cluster fuck
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They will asked to be moved and then start dragging shit out of there when it doesn't happen. I guess your neighbors don't understand what utility easements are and how they work.
Link Posted: 4/28/2023 11:53:47 AM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Little guy (you) vs Big guy (the power co) is a bad fight, so it needs to be Little guy (the power co) vs Big guy (Federal Govt) for entertainment value.  It sure would be terrible to find some federally protected endangered fungus or something that you couldn't' move your shed without disturbing...  Maybe there is a flood plain or other natural resources they are going to disturb...  The thought of a perfectly straight line of power poles stretching for miles, but with one little jog in the middle to try to avoid some hairy spotted ground mouse den makes me chuckle...
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There are already power lines there. They are replacing or burying them. They have the legal right to access the property for that purpose, the OP literally signed a paper for that when he bought the house.

You guys have enough free time on your hands to just burn money making people’s lives difficult?
Link Posted: 4/28/2023 11:55:33 AM EDT
[#44]
If your shed is constructed like this then I bet the utility will leave you alone.  The utility.

Attachment Attached File

Link Posted: 4/28/2023 11:58:00 AM EDT
[#45]
I'd move the shed, avoid the stress
Link Posted: 4/28/2023 12:02:41 PM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
SMH some of y'all are idiots.

Move the shed.  Remove the fence and set the pieces aside.   When the power company is done working put the shed and fence back.

In 30 years when the power company has to do the next upgrade whoever owns the OP's house will get another letter.
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This.

They aren't there to be monsters, but they need to bring compact tracked vehicles in to set new poles.

Often they will even arrange to help you move the shed and remove the fence panels if you can be on-site during job hours.
Link Posted: 4/28/2023 12:17:33 PM EDT
[#47]
In your shoes, I would relocate anything of value from the shed to the garage temporarily, as a precaution. Then, if there wasn't a pole in my backyard and I wasn't one of the first homes along the line, I would wait and see. Make sure my fridge was stocked with cold drinks and schedule to work from home on opening day.

I would wait on making so it's fresh.
Link Posted: 4/28/2023 12:26:10 PM EDT
[#48]
Link Posted: 4/28/2023 12:27:05 PM EDT
[#49]
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Quoted:


Everyone hates our power company so I have to imagine its going to be a bad time
View Quote View All Quotes
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Quoted:
Quoted:
I have an easement for transmission lines. 3 towers worth. Power company is super cool. They don’t bitch about my trees under the easement even though technically they could, they are re building a 14’ road on the property line, and have even mentioned for the upcoming project rerocking my driveway if they can use it for 7 days.


Everyone hates our power company so I have to imagine its going to be a bad time


Yeah, I looked it up and where an easement encroachment request for my power company is "give us a call and send in this form" your power company wants like $1k to even look at the form. Sounds like dicks.
Link Posted: 4/28/2023 12:27:39 PM EDT
[#50]
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Quoted:

Absolutely this.  In CA title companies are held to the fiduciary standard of care.  If they failed to disclose this, they eat it.  Happened to people who bought my uncle's house and they were going to build on the adjacent lot.  Then the Water Department told them nyet, not on our easement. Well, the title company ate it big time.    

This is why I always insist on title insurance instead of a title search. I  can do the latter myself.
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The title company wouldn't issue the insurance to me without doing their own title search... which seems reasonable.

I have friends that have done cash land deals - or worse, bought something seller-financed - and had neither title search or insurance.
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