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Posted: 7/30/2019 9:06:04 PM EDT
[#1]
Quote HistoryQuoted:
I wonder if I can make them plant lower growing trees to replace the ones they want to remove. Quote HistoryQuoted:
Quoted:
Better check up on easement ordinances/laws. But they defiantly should be talking to you before doing ANY damn chopping down of trees. |
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Posted: 7/30/2019 9:06:29 PM EDT
[#2]
Quote HistoryQuoted:
I wonder if I can make them plant lower growing trees to replace the ones they want to remove. Quote HistoryQuoted:
Quoted:
Better check up on easement ordinances/laws. But they defiantly should be talking to you before doing ANY damn chopping down of trees. |
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Posted: 7/30/2019 9:06:49 PM EDT
[#3]
Quote HistoryQuoted:
"Contractors" They're getting paid per tree. They saw the power lines in your yard and the trees and just saw more money from the contract. They'll cut down a one foot tall sapling and charge for it. Your tree's probably weren't even seen by anyone at the power company. Call the PC and complain. |
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Posted: 7/30/2019 9:07:29 PM EDT
[#4]
See Hamburger Hill OP. Your reference to dying on a hill is being used in the wrong scenario.
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Posted: 7/30/2019 9:08:22 PM EDT
[#5]
Check your deed, this should have been explained to you at closing. Or maybe they do not have an easement. The terms of the easement should explain what you are required to do. If it is not on your deed, they can pound sand. Have an attorney read the deed. Most will give you a half hour for free to discuss your case.
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Posted: 7/30/2019 9:08:47 PM EDT
[#6]
Here they trim around the lines
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Posted: 7/30/2019 9:12:42 PM EDT
[#7]
Quote HistoryQuoted: More like prescriptive easement, or by possession. But there will be an easement. Power companies don't put infrastructure in without an easement. The problem is 50-70 years ago it was an after thought because everyone wanted power and didnt think twice about it. So a line that has been out there since the 1930's may have never had an easement but because of the time it has been there, it is prescriptive rights. In Texas it takes 10 years to become prescriptive rights. Also Texas has an "As is" clause when you purchase a property. So if you buy land with a power line on it, then even if they didn't have an easement they do as soon as it transfers ownership. If the line was built without the permission of the original owner, he would have 10 years to dispute it before selling. |
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Posted: 7/30/2019 9:12:44 PM EDT
[#8]
Quote HistoryQuoted: Ok so they are taking away from my property value by removing trees. Would it not be fair for them to replace them with some damn lilacs or something lower growing |
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Posted: 7/30/2019 9:16:13 PM EDT
[#9]
Quote HistoryQuoted:
Yes. Quote HistoryQuoted:
Quoted: Did you get title insurance? If you didn't get a survey, then some of the standard stuff that gets deleted from the Exceptions like "easements as a matter of record which would be shown on a survey" would not be removed. If you got a survey, then look to see if the adjoining property is shown and if it's owned by the power company. I do this for a living. There are enough pitfalls in real estate law to confuse the average homeowner. |
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Posted: 7/30/2019 9:16:23 PM EDT
[#10]
Where are the pictures and MS paint drawings so we can get a real understanding of what's going on here.
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Posted: 7/30/2019 9:18:07 PM EDT
[#11]
Pics?
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Posted: 7/30/2019 9:23:23 PM EDT
[#12]
Quote HistoryQuoted:
I wonder if I can make them plant lower growing trees to replace the ones they want to remove. Quote HistoryQuoted:
Quoted:
Better check up on easement ordinances/laws. But they defiantly should be talking to you before doing ANY damn chopping down of trees. |
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Posted: 7/30/2019 9:24:46 PM EDT
[#13]
Dont be an idiot.
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Posted: 7/30/2019 9:28:04 PM EDT
[#14]
Quote HistoryQuoted: Ok so they are taking away from my property value by removing trees. Would it not be fair for them to replace them with some damn lilacs or something lower growing |
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Posted: 7/30/2019 9:30:40 PM EDT
[#15]
Pic of backyard and power lines. Basically the power lines run halfway though my property and the other half in the other owners property. The big trees in the back are on the other person's property and are about 50-60 feet south of the power lines. All of the stuff they want to cut is about 10-30 feet north of the lines.
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Posted: 7/30/2019 9:32:03 PM EDT
[#16]
I've waited three pages for someone tell you correctly what to do. Gd has failed you and me. You need to relocate an endangered tree dwelling species into those trees asap during the cover of night. NVG use is a must for full effect.
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Posted: 7/30/2019 9:34:22 PM EDT
[#17]
Quote HistoryQuoted:
I've waited three pages for someone tell you correctly what to do. Gd has failed you and me. You need to relocate an endangered tree dwelling species into those trees asap during the cover of night. NVG use is a must for full effect. |
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Posted: 7/30/2019 9:37:02 PM EDT
[#18]
You "own" pretty much nothing under those power lines. They can and will cut, butcher and shred anything in the area as they see fit.
This machine is made to butcher trees and make everything ugly and I see a few of them in your future. 
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Posted: 7/30/2019 9:38:54 PM EDT
[#19]
Quote HistoryQuoted:
It don’t take a dozer. Our grid is so vulnerable it is not funny. Our grid has been probed many times and if the terrorist get serious in this country we will be in the dark for a long while. And there is not much that can be done to protect it in the field. 
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Posted: 7/30/2019 9:40:59 PM EDT
[#20]
Quote HistoryQuoted:
Pic of backyard and power lines. Basically the power lines run halfway though my property and the other half in the other owners property. The big trees in the back are on the other person's property and are about 50-60 feet south of the power lines. All of the stuff they want to cut is about 10-30 feet north of the lines. https://i.imgur.com/P7OB93Q.jpg |
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Posted: 7/30/2019 9:41:30 PM EDT
[#21]
Quote HistoryQuoted: Eminent domain |
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Posted: 7/30/2019 9:42:34 PM EDT
[#22]
Quote HistoryQuoted:
You "own" pretty much nothing under those primary lines. They can and will cut, butcher and shred anything in the area as they see fit. This machine is made to butcher trees and make everything ugly and I see a few of them in your future. http://s3-media3.ak.yelpcdn.com/bphoto/jqZnq4O_2Lu7USucNybZZQ/l.jpg |
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Posted: 7/30/2019 9:43:08 PM EDT
[#23]
Quote HistoryQuoted:
You really think they would build power lines without an easement?  There's a 90k volt buried line that feeds the neighbors parcel with no easement ( they owned both parcels at the time). Not the same as utility company owned lines, but theres a pile of fuckery here that the county should have stopped an didnt/fraudulent loans taken out against a property they didnt own at the time of the loan etc. I'm willing to believe that anything is possible when it comes to fucked up titles and outright fraud with real estate. |
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Posted: 7/30/2019 9:44:39 PM EDT
[#24]
Quote HistoryQuoted:
Check your deed, this should have been explained to you at closing. Or maybe they do not have an easement. The terms of the easement should explain what you are required to do. If it is not on your deed, they can pound sand. Have an attorney read the deed. Most will give you a half hour for free to discuss your case. Without a 'runsheet' from the title plant, one would need to go to the County Clerk's office and run the title back via the Grantor-Grantee index books, then do an easement search by those Grantor/Grantees. |
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Posted: 7/30/2019 9:47:09 PM EDT
[#25]
Quote HistoryQuoted: Actually I went through my paperwork that I signed when I bought the house. There is NOT any easements. There is NOT any access to my property besides for the resident(s). Either the paperwork is fucked up and they fooled me or there isn't an easement. And I have also had an Electric Utility TRY to complete a high power line without permission or an easement. Three times damage award in Missouri to damage of foliage, trees. Settled on new high voltage power line, transformer, new power poles, over quarter mile of service done, in three days. The original service was from 1937, so upgraded service for me being nice not to sue dumb ass utility because of RE. And no completed rogue power line, and they maintain the easement to my house. I love my power to the house, without, no well water, no lights, no wife. Well 2 out of 3 ain't bad. Next time you see a power outfit and get a chance to say hey, Thank them for keeping the lights on. |
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Posted: 7/30/2019 9:48:30 PM EDT
[#26]
We had the same issue on our farm. I talked with the project manager and he offered to replace the trees (plant in another area) they cut down. I asked for the cash they would spend to replace the trees instead and ended up with a couple thousand dollars.
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Posted: 7/30/2019 9:52:26 PM EDT
[#27]
Quote HistoryQuoted:
After what I've seen with the property I bought, yes it's completely possible. Previous owner said "go for it, we'll do the paperwork later" and never does. House gets sold and everyone forgets. There's a 90k volt buried line that feeds the neighbors parcel with no easement ( they owned both parcels at the time). Not the same as utility company owned lines, but theres a pile of fuckery here that the county should have stopped an didnt/fraudulent loans taken out against a property they didnt own at the time of the loan etc. I'm willing to believe that anything is possible when it comes to fucked up titles and outright fraud with real estate. Sometimes it's merely a mistake or they've been told by a family member they own more than they actually do...and sometimes it's just fraud. As in all things bought and sold: Caveat emptor. |
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Posted: 7/30/2019 9:53:57 PM EDT
[#28]
Quote HistoryQuoted: More like prescriptive easement, or by possession. But there will be an easement. Power companies don't put infrastructure in without an easement. On the second point, usually yes. Some counties have odd rules about when a utility needs an easement. In my county for example, it used to be runs next to public roads shorter then 6 miles don't need an easement. So for about 5.75 miles it would be on the south side of the road, the next 5.75 miles the north side, rinse and repeat. Now all new stuff is required to be underground. |
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Posted: 7/30/2019 9:54:50 PM EDT
[#29]
Quote HistoryQuoted:
The title policy is sent a month or so after the closing. Look at the policy, and look for a part that says Exceptions. All the easements that existed before you bought the property will be listed there. It may be something as innocuous sounding as "Easement as contained in O.R. Book 4345, Page 245." Or it may say "Easement to Big Electric Company as contained in O.R. Book 4345, Page 245." If you didn't get a survey, then some of the standard stuff that gets deleted from the Exceptions like "easements as a matter of record which would be shown on a survey" would not be removed. If you got a survey, then look to see if the adjoining property is shown and if it's owned by the power company. I do this for a living. There are enough pitfalls in real estate law to confuse the average homeowner. Quote HistoryQuoted:
Quoted:
Quoted: Did you get title insurance? If you didn't get a survey, then some of the standard stuff that gets deleted from the Exceptions like "easements as a matter of record which would be shown on a survey" would not be removed. If you got a survey, then look to see if the adjoining property is shown and if it's owned by the power company. I do this for a living. There are enough pitfalls in real estate law to confuse the average homeowner. |
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Posted: 7/30/2019 9:56:31 PM EDT
[#30]
Quote HistoryQuoted:
While most recent Deeds do contain references to most 'Save and Except' in the legal description there is no hard and fast rule that they must. Hell, a ROW easement for a powerline may have been in effect for a hundred years or more. Without a 'runsheet' from the title plant, one would need to go to the County Clerk's office and run the title back via the Grantor-Grantee index books, then do an easement search by those Grantor/Grantees. Quote HistoryQuoted:
Quoted:
Check your deed, this should have been explained to you at closing. Or maybe they do not have an easement. The terms of the easement should explain what you are required to do. If it is not on your deed, they can pound sand. Have an attorney read the deed. Most will give you a half hour for free to discuss your case. Without a 'runsheet' from the title plant, one would need to go to the County Clerk's office and run the title back via the Grantor-Grantee index books, then do an easement search by those Grantor/Grantees. |
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Posted: 7/30/2019 10:00:02 PM EDT
[#31]
Quote HistoryQuoted:
Ok so they are taking away from my property value by removing trees. Would it not be fair for them to replace them with some damn lilacs or something lower growing Quote HistoryQuoted:
Quoted:
Maintaining the easement. Before it goes from (it would take 25 years to grow this big) to (but why cut it down the tree is 25 years old). Can you tell I do easement entitlements. |
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Posted: 7/30/2019 10:04:32 PM EDT
[#32]
Quote HistoryQuoted:
Ok so they are taking away from my property value by removing trees. Would it not be fair for them to replace them with some damn lilacs or something lower growing Quote HistoryQuoted:
Quoted:
Maintaining the easement. Before it goes from (it would take 25 years to grow this big) to (but why cut it down the tree is 25 years old). Can you tell I do easement entitlements. |
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Posted: 7/30/2019 10:06:38 PM EDT
[#33]
Quote HistoryQuoted:
The access easement through my property/cc&r's for my property/road maintenance agreement for the shared access was written 2 days after the house had been sold by the previous owners as the grantors and signed by the purchasers of my property after they purchased the property. It was included in my paperwork by the title company but it's all invalid as the "grantors" didnt own the property at the time they wrote the documents. No clue wtf the buyers signed them. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted: Did you get title insurance? If you didn't get a survey, then some of the standard stuff that gets deleted from the Exceptions like "easements as a matter of record which would be shown on a survey" would not be removed. If you got a survey, then look to see if the adjoining property is shown and if it's owned by the power company. I do this for a living. There are enough pitfalls in real estate law to confuse the average homeowner. |
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Posted: 7/30/2019 10:08:58 PM EDT
[#34]
Quote HistoryQuoted:
Pic of backyard and power lines. Basically the power lines run halfway though my property and the other half in the other owners property. The big trees in the back are on the other person's property and are about 50-60 feet south of the power lines. All of the stuff they want to cut is about 10-30 feet north of the lines. https://i.imgur.com/P7OB93Q.jpg |
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Posted: 7/30/2019 10:10:30 PM EDT
[#35]
My opinion is that the tree removal service thinks your trees are close enough for his company to get paid for the work. If you pick a fight with the tree service, he might move on to easier pickings. If you pick a fight with the power company, you'll lose.
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Posted: 7/30/2019 10:12:36 PM EDT
[#36]
Quote HistoryQuoted: Not sure I understand what you are saying. Two sets of previous owners both signed an private access and maintenance agreement? Need to determine if the 1st set had an interest in other property the 2nd set was using for access. This is common when the first set is selling off a portion of their property and need to provide access to the purchasers. Would need to plot all the legals descriptions involved and determine if there is an appurtenant easement being granted to provide legal access. |
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Posted: 7/30/2019 10:12:38 PM EDT
[#37]
I've chained trees up to keep them from taking out the lines to give the power company time to clear them.
When we had a tree down on the line I took the opportunity to drop another tree that was going to be an issue in the future. Fucking pine trees. As far as I'm concerned, whatever I can do to help them with their easement is less hassle than the power being out. |
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Posted: 7/30/2019 10:18:01 PM EDT
[#38]
Quote HistoryQuoted:
You "own" pretty much nothing under those primary lines. They can and will cut, butcher and shred anything in the area as they see fit. This machine is made to butcher trees and make everything ugly and I see a few of them in your future. http://s3-media3.ak.yelpcdn.com/bphoto/jqZnq4O_2Lu7USucNybZZQ/l.jpg All of the debris was pushed into the adjacent woods. This was for basic distribution lines. |
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Posted: 7/30/2019 10:23:00 PM EDT
[#39]
I had 6 beautiful maple trees barely in an electric easement. For 10 yrs the electric company would come out and shape the trees every couple years, knock on the door about a week in advance and give an approximate timeframe when theyd be in the area. The trees always looked looked great when they were done. Did an excellent job cleaning up the mess etc. .
Then an ice storm happened. . . . . none of my trees damaged any power lines but lines were down all over the place. The very next year i got the knock they were gonna trim the trees. Ok have at it - totally expecting the same level of service I had received years prior, but alas things had changed The completely took out every limb on the side of the tree facing the electric lines back to the trunk!! Totally lopsided the trees and they looked like total shit To make matters worse they left everything that wouldnt go through the chipper. They did stack it nicely in multiple piles by the 2 ft trunks left in my yard. Livid doesnt even begin to cover it. Called the supervisor to complain and they said pretty much tough titly & that was their new policy. When I asked about the stuff that was left behind he said people come by and get that for firewood and to wait it out it will all leave sometime. Well i wasnt gonna wait for that to happen so I loaded all the left over wood onto my trailer and went down and threw it all out in the entry way to their parking lot. |
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Posted: 7/30/2019 10:23:30 PM EDT
[#40]
Quote HistoryQuoted: its not "your" property J- 
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Posted: 7/30/2019 10:23:46 PM EDT
[#41]
Just so we understand one another here. Those are probably 230kV transmission lines.
A tree only needs to get 4-6 feet away from one of those conductor wires (bottom 3) to arc. I’ve seen 230-345kV arc when contacted by a tree. It lit up my entire bedroom in blue light despite being 1000 feet away and made a mist ungodly sound. The utility catches a lot more flak when those type of lines short out. They can cause biblical fires or 50 million person outages. Nearly every T-Line corridor like that is going to have everything cut Down and trimmed on the ROW 230kV horizontal construction like that probably has a 150’ right of way width (75’ each side of the center wire). Maybe 200’. Danger tree analysis is fun. |
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Posted: 7/30/2019 10:26:19 PM EDT
[#42]
Quote HistoryQuoted:
While most recent Deeds do contain references to most 'Save and Except' in the legal description there is no hard and fast rule that they must. Hell, a ROW easement for a powerline may have been in effect for a hundred years or more. Without a 'runsheet' from the title plant, one would need to go to the County Clerk's office and run the title back via the Grantor-Grantee index books, then do an easement search by those Grantor/Grantees. |
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Posted: 7/30/2019 10:26:49 PM EDT
[#43]
They do have to repair any damage to your property here in OK. 3 times they have damaged my fence and 3 times they had to repair it to my satisfaction. Only once did I have to call the main office.
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Posted: 7/30/2019 10:27:10 PM EDT
[#44]
Everyone who thinks that if an easement is not on their deed then there is no easement is wrong. Easements/encumbrances are not required to be ion the deed. Depending on you state residential title searches when selling land are only required to go back so far. It is the property owner with the deed that doesn't show the easement that can go pound sand when the utility shows up with the deed. Think you own the minerals rights to your land because your deed does not mention it. LOL... If you are buying land, and you are getting a title search, pay more and require that the title search company goes back at least 100 years looking for easements and mineral rights sale relating to the property. Anyone who does not is taking a gamble.
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Posted: 7/30/2019 10:29:51 PM EDT
[#45]
Quote HistoryQuoted:
I had 6 beautiful maple trees barely in an electric easement. For 10 yrs the electric company would come out and shape the trees every couple years, knock on the door about a week in advance and give an approximate timeframe when theyd be in the area. The trees always looked looked great when they were done. Did an excellent job cleaning up the mess etc. . Then an ice storm happened. . . . . none of my trees damaged any power lines but lines were down all over the place. The very next year i got the knock they were gonna trim the trees. Ok have at it - totally expecting the same level of service I had received years prior, but alas things had changed The completely took out every limb on the side of the tree facing the electric lines back to the trunk!! Totally lopsided the trees and they looked like total shit To make matters worse they left everything that wouldnt go through the chipper. They did stack it nicely in multiple piles by the 2 ft trunks left in my yard. Livid doesnt even begin to cover it. Called the supervisor to complain and they said pretty much tough titly & that was their new policy. When I asked about the stuff that was left behind he said people come by and get that for firewood and to wait it out it will all leave sometime. Well i wasnt gonna wait for that to happen so I loaded all the left over wood onto my trailer and went down and threw it all out in the entry way to their parking lot. |
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Posted: 7/30/2019 10:30:41 PM EDT
[#46]
Let them do it. Do you really think they have a hard on to go cut more than is needed?
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Posted: 7/30/2019 10:31:21 PM EDT
[#47]
Quote HistoryQuoted:
No, that's not how it works. Quote HistoryQuoted:
Quoted: Ok so they are taking away from my property value by removing trees. Would it not be fair for them to replace them with some damn lilacs or something lower growing |
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Posted: 7/30/2019 10:33:33 PM EDT
[#48]
I didn’t read the posts; I don’t need to.
I’ve been through this. You are fucked. Period. |
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Posted: 7/30/2019 10:33:34 PM EDT
[#49]
Take the power lines and put them in a dumpster. They can come get them if they want them enough.
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Posted: 7/30/2019 10:34:00 PM EDT
[#50]
Quote HistoryQuoted:
I had 6 beautiful maple trees barely in an electric easement. For 10 yrs the electric company would come out and shape the trees every couple years, knock on the door about a week in advance and give an approximate timeframe when theyd be in the area. The trees always looked looked great when they were done. Did an excellent job cleaning up the mess etc. . Then an ice storm happened. . . . . none of my trees damaged any power lines but lines were down all over the place. The very next year i got the knock they were gonna trim the trees. Ok have at it - totally expecting the same level of service I had received years prior, but alas things had changed The completely took out every limb on the side of the tree facing the electric lines back to the trunk!! Totally lopsided the trees and they looked like total shit To make matters worse they left everything that wouldnt go through the chipper. They did stack it nicely in multiple piles by the 2 ft trunks left in my yard. Livid doesnt even begin to cover it. Called the supervisor to complain and they said pretty much tough titly & that was their new policy. When I asked about the stuff that was left behind he said people come by and get that for firewood and to wait it out it will all leave sometime. Well i wasnt gonna wait for that to happen so I loaded all the left over wood onto my trailer and went down and threw it all out in the entry way to their parking lot. |
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