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I live in Arlington Virginia. I have a utility easement in

 

Customer Question

I live in Arlington Virginia. I have a utility easement in my yard that was established in 1947 when my subdivision was developed. The county does not use it for water and sewer. It is not used for electrical, phone or cable. When Verizon FiOS came through a few years ago they put a line along the easement. There is a box in the back of my yard that requires access when setting up new accounts. There is a FiOS tech knocking on my door 2-3 times a week for access. Does the cable company have the same rights to utility easements as power and water? In the deed on file at the county is said the easement could be used for maintenance of utilities. I am not sure hooking up new customers and access 2-3 times a week is reasonable for maintenance. Do I have any rights here?

 

Optional Information:
State/Country relating to question: Virginia

Already Tried:
nothing, just looking for my rights

Submitted: 290 days and 14 hours ago.
Category: Real Estate Law
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  max713 replied290 days and 14 hours ago.


max713 :

Great question.

max713 :

Adding the extra line could be an abuse of the easement.

max713 :

... by the cable company.

max713 :

And, you could argue that the activities performed extend beyond mere utility maintenance.

Customer :

it was not an extra line, it is the only line on the easement, it had not been used in 60 years

max713 :

If so, you can argue that they're constituting a trespass and a nuisance.

max713 :

... and sue on those grounds.

max713 :

If it was not used for 60 years, you can argue that it was abandoned as well.

Customer :

ok, I am best off talking to a local real estate attorney then I would guess

max713 :

Yes, you should proceed to an attorney who can file suit and represent you against this cable company.

max713 :

Is there anything more I can help you with?

Customer :

nope thanks

max713 :

If not, please rate me well, so I will be compensated for my work.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 97.5 %
Accepts: 689
Answered: 8/3/2012

Experience: I am responsive, respectful, and relentless.

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