JustAnswer > Legal
Ask A Question|Register|Login|Help
JustAnswer

Law

Ask a Legal Question, Get an Answer ASAP!

Have your own Legal question?

18 Lawyers are Online Now
characters left:
Not a Legal Question?

Question

power has an esment, phone doesnt, but phone has a line going threw my property to others. the phone companie says they dont need a esment,they have an ingress egress, and told me to look in my encrochments. well i have done so and i havent fownd a thing, there is a driveway down the side of the property and they have an esment nether esment says a thing about the phone company, the phone comp. had there lines up on the power poles untill 82 then they put them in the ground.    what is an ingress egress and were could i find this record

Submitted: 354 days and 4 hours ago.
Category: Legal
Value: $15
Status: AWAITING EXPERT REPLY
+
Read More

Optional Information

estacada, Oregon

Already Tried:
county, city , Oregon utility commision , land records

Posted by CALawyer 354 days and 4 hours ago.

Answer

An ingress and egress is a type of easement. It is an easement to use the property to get to and leave from another peice of property. You would find the records in the county land records. If there was never a recorded grant of a utility easement to the phone company then they probably wouldn't have the right to put the phone lines in the ground.

Now, the reason I say probably, is because it can depend on how long they have them there. If they have had the lines there for 10 years, then they could have gained an "easement by prescription" just for having them there for that long.

An easement could have been given by an unrecorded document, or a license could have been given. However, these wouldn't be binding on subsequent purchasers of the property if they took the property without notice of the unrecorded easement or license. The only way to get this is from the person who granted it, or from the phone company, if they still have it.

354 days and 3 hours ago.

Reply

thanks for the fast reply, if they had the ingress egress does this alow them to put the phone line in the ground, i have only found 2 easments on my property. easement by prescription sound like stealing the land to make a profit.

 

crazy things is, no matter how hard i looked , they have nothing allowing them to put the phone line in the ground on my property. i started to think that theres some kind of utility law that i have no idea about.Pge was charging them for the power pole use so they took them off and put them in the ground 4" deep no less.

Accepted Answer

An ingress and egress easement wouldn't typically allow them to put a phone line in the ground. Easements are limited in scope to what is specifically (or generally) described in the easement. If the easement said "phone company shall have a right to ingress and egress" that just means they can traverse the property.

An easement by prescription is kind of like stealing in a sense. Its a way to get property without paying for it. Its basically a statute of limitations for the recovery of land.




If you are satisfied with my answers, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved.

I will be glad to answer related follow up questions within reason.

Picture
Expert: CALawyer
Pos. Feedback: 100.0 %
Accepts: 741
Answered: 11/20/2008

Lawyer (JD)

Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.

354 days and 3 hours ago.

Reply

thanks for everything!!!!! good night

+
Read More

Related Legal Questions

  • I signed and gave $500 for a pre-approval hold on an Apartme...
  • I recently recieved a notification from my county clerks off...
  • What would be a wild estimate as to how much a lawyer would
  • what is the most common forms of business organization in th...
  • I am trying to get my house note refinanced and my income is
  • i pay child support but am not allowed to see child
  • is there a form for change of domicile in ca. and what are
  • I work for an oral surgeon. We get paid on the 1st and 15th



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.