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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11681
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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My brother is a pastor of a church in Bixby Oklahoma. BTC

Resolved Question:

My brother is a pastor of a church in Bixby Oklahoma. BTC is a phone/cable/internet service provider right across the street from the church. The church has a collapsed sewer line and when my brother called the plumber out of have it dug up and repaired, the management team from BTC came running across the street screaming that they couldn't dig it up because they have cables running across the property and that each cable they broke would cost the church up to $20,000 each. I haven't looked at the deed for the utility easement area to see if they are buried in the proper place. Now the church has to have the plumber bring in a special tool to dig without damaging the cables and the cost of the sewer line repair went from a few hundred dollars to $2000. Is BTC responsible for any of the repair cost? Can BTC bury their cables over the churches sewer line? It seems that an easement would have to be in a place that wouldn't infringe on the property owners right to repair his sewer/water lines. XXX@XXXXXX.XXX

Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Marty, My name is XXXXX XXXXX my goal is to provided you with Excellent Service

 

I am sorry to hear of all the trouble your brother is facing,

 

You asked,

 

"Is BTC responsible for any of the repair cost?"

 

Answer

 

BTC would not be responsible for any repair costs unless BTC caused damage to the sewer line that needs repairs,

 

 

You also asked,

 

"Can BTC bury their cables over the churches sewer line? "

 

 

Answer

 

When the church, or any previous owner granted an easement to the property presently occupied by BTC for installation of cables, they pretty much lost the use of the underground area where the easement was granted. The document granting the easement should specify exactly where the cables would be installed and a survey map of that area should be recorded with the document which granted the easement. Therefore, when the repairmen come, they will need a copy of the easement survey and the survey map so that they will be able to dig exactly where the church's sewer lines are without disturbing or damaging BTC's cables,

 

I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me,

____________________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11681
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 5 other Real Estate Law Specialists are ready to help you
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Marty,

 

 

I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise I will not receive credit for assisting you. The deposit you made is with JustAnswer and it will not cost you anything additional to rate my service to you, but without a rating, I do not receive credit for my time and effort. Thank you for understanding



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