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Ask Michael Lykken, Esq Your Own Question
Michael Lykken, Esq
Michael Lykken, Esq,
Category: Real Estate Law
Satisfied Customers: 93
Experience:  Partner at Soares & Lykken, Attorneys at Law
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I am mad :) PG&E have just been and butchered a beautiful

Customer Question

I am mad :)
PG&E have just been and butchered a beautiful old pine tree on my property because it is interfering with power lines, also on my property, that come from a pole that I believe is, again, on my property.
I do not believe any easement exists - and I am about to go fully solar - can I get this pole and line removed from my property? It lines run down the edge of the street but all are on my property and there are no sidewalks etc.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Michael Lykken, Esq replied 1 year ago.

Hello, my name is Michael and I am a licensed California attorney. I would like to help you with this, but first I need to know which state you are in.

Customer: replied 1 year ago.
California
Expert:  Michael Lykken, Esq replied 1 year ago.

Hello, I apologize for not being able to get back to you sooner. First you, should contact PG&E to see if they are willing to remove the pole. They may be willing to do so at a cost. There still could be an easement recorded against the property for the utility pole, so you would need to check with your county recorder to verify. PG&E could also have a prescriptive easement for the pole, especially if the lines service other houses and there isn't space for a pole off your property. These cases can be complicated because the landowner could be forced to file an inverse condemnation action against the utility. The primary case on this is here: http://law.justia.com/cases/california/court-of-appeal/2d/252/1022.html

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