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?
State/Country relating to question: Virginia
nothing, just looking for my rights
Adding the extra line could be an abuse of the easement.
... by the cable company.
And, you could argue that the activities performed extend beyond mere utility maintenance.
it was not an extra line, it is the only line on the easement, it had not been used in 60 years
If so, you can argue that they're constituting a trespass and a nuisance.
... and sue on those grounds.
If it was not used for 60 years, you can argue that it was abandoned as well.
ok, I am best off talking to a local real estate attorney then I would guess
Yes, you should proceed to an attorney who can file suit and represent you against this cable company.
Is there anything more I can help you with?
If not, please rate me well, so I will be compensated for my work.
I am responsive, respectful, and relentless.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).