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Ely
Ely, Counselor at Law
Category: Real Estate Law
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Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can a utility company run power lines and poles across my property

Resolved Question:

Can a utility company run power lines and poles across my property with no easement? I have checked my abstract to verify no easement
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. By "run," do you mean across the ground, or above via poles?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Via poles the poles are not next to street or sidewalk but in the middle of the front yard.
Expert:  Ely replied 1 year ago.
Thank you.

Are the poles on the property itself, or not?

How high are the power lines?
Customer: replied 1 year ago.
Yes poles are on the property, it's a two story building poles are less than 1/3 higher than the building, also they are closer to the building than the street.
Expert:  Ely replied 1 year ago.
Thank you, E. One last question - is the utility company private, or, government-owed?
Customer: replied 1 year ago.
Private
Expert:  Ely replied 1 year ago.
Thank you.

Assuming that there is no easement in place and no municipal law otherwise, a private company cannot simply trespass unto private property any more than a private individual can. As such, they cannot do this. One may have a case here for trespass and nuisance.

A private nuisance is one which affects a single individual or a determinate number of persons in the enjoyment of some private right not common to the public. It annoys, injures, or endangers the comfort, repose, health, or safety of others. 42-01-01.

Civil trespass is self-explanatory.

A threatening letter by an attorney may be enough to scare them into stopping this action, or paying you for an easement to avoid litigation. May I recommend the ND Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 89141
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Ely
Ely
Counselor at Law
3046 Satisfied Customers
Qualified attorney in private practice including business, family, criminal, and real estate issues.