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Looks like you will lose the shed if they decide to pursue it.
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Why don’t you ask the power company after you read the letter?
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My neighborhood just had its lines buried. A great thing given how plagued we are with trees playing Smashy-Smashy with the lines. Dominion Resources and its subcontractors visibility did everything they could to minimize property damage and footprint. Most people dealt with it, but there were a few ("fine as is") Karens.
They will tell you what they need you to do. |
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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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Your only option is to kiss ass and see if you can get them to work around it. If your neighbors go full Karen and start telling them they will sue them, etc. it won't work out too well.
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Send me a dm and I can help you with what I can. I work pipeline. CenterPoint can choke on a bag of dicks.
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Quoted: My neighborhood just had its lines buried. A great thing given how plagued we are with trees playing Smashy-Smashy with the lines. Dominion Resources and its subcontractors visibility did everything they could to minimize property damage and footprint. Most people dealt with it, but there were a few ("fine as is") Karens. They will tell you what they need you to do. View Quote Dominion is doing that in my neighborhood in phases. IMO, they did an excellent job on minimizing the impact but there were a few of "those types" who were looking for Dominion to finance an entire landscaping job for their front lawns. We had to sign new easements to get it done, but they typically were in the front yards where the county had their easements anyways. |
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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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An "easement" is defined as "a non-possessory interest in a property." IOW even though you own it, the utility company has the right to use the property as it sees fit, just as if it does own it.
When you bought the property, you (and your neighbors) signed a paper saying you accepted the condition of that easement. Unless you didn't! It's possible that there's no such agreement; if that's the case, the utility can pound sand. It may be worth some investigation to see if they are blowing smoke. Also, an easement will be well-defined; your sheds, etc. may be safe. |
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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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Quoted: An "easement" is defined as "a non-possessory interest in a property." IOW even though you own it, the utility company has the right to use the property as it sees fit, just as if it does own it. When you bought the property, you (and your neighbors) signed a paper saying you accepted the condition of that easement. Unless you didn't! It's possible that there's no such agreement; if that's the case, the utility can pound sand. It may be worth some investigation to see if they are blowing smoke. Also, an easement will be well-defined; your sheds, etc. may be safe. View Quote |
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Are they power lines, or just residential power stuff?
Eversource is replacing all the 60 odd year old wooden poles around here with big rusted steel poles. From what I've seen, they aren't really disturbing the area. I got a letter for my lot, but I don't use that part anyways. |
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FWIW places that sell sheds will have a forklift type setup that can move sheds for delivery (and sometimes repossesion)
If a bunch of people need sheds moved, they might get a decent price on it by doing it all at the same time. |
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Quoted: Are they power lines, or just residential power stuff? Eversource is replacing all the 60 odd year old wooden poles around here with big rusted steel poles. From what I've seen, they aren't really disturbing the area. I got a letter for my lot, but I don't use that part anyways. View Quote I think theyre just powerlines High in the sky and theres 4 or so lines. I dont know shit about them |
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What does the easement in your deed say and what does the letter say?
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You may just have to move the shed if they are gonna bury the power lines. Some sch 40 pvc pipe for rollers and a couple friends could get that done rather quickly
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Quoted: An "easement" is defined as "a non-possessory interest in a property." IOW even though you own it, the utility company has the right to use the property as it sees fit, just as if it does own it. When you bought the property, you (and your neighbors) signed a paper saying you accepted the condition of that easement. Unless you didn't! It's possible that there's no such agreement; if that's the case, the utility can pound sand. It may be worth some investigation to see if they are blowing smoke. Also, an easement will be well-defined; your sheds, etc. may be safe. View Quote This isn't exactly accurate. A recorded easement applies to a piece of property, even if the buyer doesn't know about it. Real estate sales have a due diligence deadline to allow buyers to research encumbrances like this. Typically this is done by a title insurance company, who will except any easements from their policy. The generate a property report that the buyer can review before the sale. Some people buy without title insurance. Caveat emptor. |
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Quoted: I think theyre just powerlines High in the sky and theres 4 or so lines. I dont know shit about them View Quote View All Quotes View All Quotes Quoted: Quoted: Are they power lines, or just residential power stuff? Eversource is replacing all the 60 odd year old wooden poles around here with big rusted steel poles. From what I've seen, they aren't really disturbing the area. I got a letter for my lot, but I don't use that part anyways. I think theyre just powerlines High in the sky and theres 4 or so lines. I dont know shit about them Unless they're doing something crazy like adding a new line, they'll probably stay in their corridor. |
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Quoted: 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 View Quote View All Quotes View All Quotes Quoted: Quoted: What does the easement in your deed say and what does the letter say? 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 Like transmission lines? Do they make a buzzing noise? |
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I have a big easement on my property including the medium height transmission lines and the small ones, going right through the neighborhood. I've got a fence on the easement, and no power poles. They're not going to tear stuff down unless they have to. We also recently had them add fiber data transmission lines to the poles
Tips from my experience 1) Call the company, learn who the arborist and the easement guys are and talk to them directly. I have 0 issues with building a fence on the easement because I called them ahead of time, worked with them, and took their stuff into consideration, which was basically just adding a gate. The original plan they sent me had the gate in a really stupid place, so I had the guy actually come out and look at the land. I've had zero problems since, and I actually get the good tree trimmers sent to my property to keep the trees back, not the hack jobs they often use. Some of my neighbors, who refuse to even look at the list the power company puts out about what plants are good to plant under the lines, have all kinds of fights. 2) My power company has a form for building stuff on the easement. You fill it out and you send it in, which is where the tip 1 thing about knowing the easement guys comes in. If they approve the form, then if they do work on your property and damage anything on the form, they have to fix it. If the power company damages my fence, they fix it at their cost. Get that in to the company. In my experience, if your shed and fence are unapproved, then they won't remove them. The just won't care that they are there and if they damage them while working it won't be their problem. but they're not going to go out of their way to break stuff. Everybody else on the easement near me has lots of fences, sheds, plants, etc. and the power company does not care about anything unless it actually interferes with the lines. I've never heard them damaging anything, except for big trees and bushes that idiots insist on planting under the lines. |
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The very back corner of my lot, ducks out in the power lines maybe 50ish feet.
I know there is an easement, my survey shows there is an easement, I have no plans to use that corner, etc. I have absolutely no paperwork on it. Deed, title, etc, no mention. I may get bored one of these years and do some research. |
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If it’s in the easement and in their way, it will have to be removed. If it’s not in their way, it’s probably not a problem and they won’t do anything even if it’s in the easement.
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Is this the first you are hearing about these easements?
If the easement wasn't discovered and disclosed by the title company when you bought the land, I'd file a title insurance claim. You do have title insurance, don't you...? |
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You will lose. Power and transmission companies don't fuck around. A semi-local guy tried taking on ATC saying the easement was no longer in effect. He lost a lot of cash in lawyer fees.
https://law.justia.com/cases/wisconsin/supreme-court/2017/2014ap002279.html |
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Bet everybody built on the utility easement and the easement holder wants it cleared off.
You don't have to sign for the letter but you must yield to the easement holder b/c if they clear it off for you, they bill you. |
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It could be anything from a few guys walking through your yard to having to remove structures. I'd find out from them before getting too worked up.
We had a drainage easement and got a similar letter several years ago. Neighborhood was all worked up thinking it was the end of the world. Ended up just being a few guys with pole saws and trimmers cleaning up the ditch so it wouldn't get backed up. |
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Quoted: Is this the first you are hearing about these easements? If the easement wasn't discovered and disclosed by the title company when you bought the land, I'd file a title insurance claim. You do have title insurance, don't you...? View Quote 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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If that’s what is happening, nothing will be happening any time soon.
I am watching this right now, up close in my town (it doesn’t impact me) as a leader in utilities here. The power company wants you to move your shed. But the town issued you a permit for the shed. Tell the power company to talk to the town. The town doesn’t want to take responsibility. Homeowners threaten to sue the town. The power company threatens to sue the homeowners. It’s been years. But good luck. It’s messy. |
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Quoted: You may just have to move the shed if they are gonna bury the power lines. Some sch 40 pvc pipe for rollers and a couple friends could get that done rather quickly View Quote You know what? That's a damn good idea. I've been thinking of temporarily moving mine (12x12) to clean up under it and re-level. I would have to take everything out of it because of the weight but it needs an inside clean-up anyway. It was site-built but in the same style as a pre-built except for a steeper, taller roof to match the house, and it has two double 2x6 skids under it. BTW, the easements will also be seen on the plat that was in your closing documents. Typically the utilities will literally 'go out of their way' to avoid damaging anything. Just bide your time - as already said, you'll find out if they need anything from you in due time. |
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