Real Estate Law
Ask a Real Estate Law Question, Get an Answer ASAP!
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.
If the electric company has a utility easement across your property, then it would have the right to cut trees, limbs, etc. to run utility lines to customers. However, if there is no easement, then you could refuse access to your property.
However, if there is no utility easement in place, and if you refuse to agree to provide such an easement, the utility company has a right to file an eminent domain lawsuit against you to secure a utility easement. Generally, all the utility has to show is that the easement is needed to provide utility services to a citizen/customer and the court will grant the request. At that juncture, the only question is the amount of compensation you should be paid for the use of your property.
Compensation is usually determined by an appraisal that shows the impact the easement has on the value of your property. Generally, you are entitled to the difference between the value of your property before and after the easement is taken. For instance, if your property is worth $150,000 now, and if the easement will impact the marketability or the value of your property and makes it worth $135,000, then you would be entitled to that dimunition of value - $15,000.
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).