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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6847
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I have an 80 acre parcel of grass land. There was a overhead

Customer Question

I have an 80 acre parcel of grass land. There was a overhead utility power line , in the right of way, along one side of it. Records show no utility easement was ever granted. In 2014, the power co removed the overhead wires and poles. They then cut our fences and buried underground wires across our property, most of it outside the right of way. No
Permission was asked of us. It my understanding in South Dakota, a buried wire easement should have been acquired. I believe the power co. was in the wrong? Any comments?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
Power companies are notorious for going wherever they wish with their lines, and disregarding easements and other niceties of real estate rights. That is especially true in rural areas, which sounds like your situation. You can complain to them, but they're not going to move their lines unless a developer pays them to do so. You can sue them for damages to your property, but do you have actual loss or damage? they count on the fact that whatever they are doing on your property isn't damaging it, and if you sue them for a technical trespass you can end up with a judgment for $1. I lost the possibility of buying 40 acres and putting in a lake when we found power lines constructed right across the middle of the parcel and over the lake site. No easement whatsoever. That was in about 1970, so you can see that nothing much has changed. I hope this information is helpful and you will enter a positive rating for it.

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