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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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PealJA: The Lawyer will need to help you with this. Have

Customer Question

Hi Peal
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Hi Pearl
JA: Please give me a bit more information, so we can help you best.
Customer: Ronald W Cudney
313317 Highway 6,
Durham, (West Grey) Ontario
N0G 1R0
(519) 369 - 2158
Re: Unwanted Power Line
I have met some resistence concerning and unwanted power line crossing our yard beside our new home. Our house and one acre property was once owned by the business owners of a trucking company that semi-surrounds our property. Many years ago the company owners decided it would be easier to run the power line for their business straight across their home yard (now our yard) instead of putting it on the property next door, in direct contact with the main power source - "Hydro One." There is absolutely no reason this power line could not be put on their own property ( Bob Hoekstra Trucking Ltd. 313327 Highway 6, Durham, Ontario ) right beside ours and connected to the Hydro One line at the road. The power line is running through a dozen Scotch Pine trees, which is a fire hazzard to our home, furthermore, the power pole standard is blocking the only reasonable access to 1/2 of our property. "With due respect" I have done research and found that within the "recently updated 2014 Ontario easement laws" there is nothing to mark this powerline as being within a registed easement, it was simply a convenience for the business owners of long ago. The so called "easement" or even the power line are not mentioned in our deed of land? The manager of the business (Ms Kim "Hoekstra" Robinson) has flat out refused to even discuss the issue with me and I have filed in small claims court for money from Bob Hoekstra Trucking to have it taken off our property, I now need a legal means of ordering the power line's removal?
With due respect, here are the Ontario easement laws http://www.hummingbirdlaw.com/land-easements-forever-almost/ as researched by...
Anita Gyadin, J. D. Candidate 2015 from her AUGUST 25, 2014 research for HUMMINGBIRD LAWYERS LLP PROGRESSIVE LEGAL COUNSEL
I have spoken with several local government departments and also Hydro One to no avail, they say it is a civil matter. I just need a way to cement the actual fact that this power line is "not" on an easement (legal or otherwise) and should simply be taken off our land and placed on the land of the trucking company and home of the manager that belong to the business that utilizes the power delivered by this power line? There is "no mention" of a power line easement on our deed of land. My wife has worked 2 full time government jobs as a PSW for many years in order to buy a home that is more comfortable than our 135 year old house where we raised two fine young men.
Would you please look into this matter for us?
Thanks so much
Ron Cudney & Family
JA: Estate law can seem daunting, but getting accurate information now can save you headaches down the road. The attorneys we work with have a lot of experience, and I'd like to match you with the one who's the best fit. Is there anything else the Lawyer should be aware of?
Customer:***@******.***
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Canada Law
Expert:  Legal Ease replied 7 months ago.
Are you saying you already started a claim in small claims court?You're asking how to prove that there is no easement on title?

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