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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am having trouble with Windstream Communciations. They put

Customer Question

I am having trouble with Windstream Communciations. They put some new fiber down a month ago and that fiber runs on my land. When the put it down they thought it was outside my property line because of the fence. However, when I bought the property about 4 years ago I moved the fence line in around 3-5 feet. I did this because the road crew kept making the road wider and wider, getting closer to my property.
They agreed the fiber was dug on my land and said they would pay me $5000 if I would grant them an easement, which I said I would.
Now they say they do not need my easement because as a utility they get a free 25 feet from the center of the road. I am hiring an attorney but would like your opinion before I do so.
thanks you
Mike
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Roger replied 8 months ago.

Hi Mike - my name is ***** ***** I'll be glad to assist.

There's generally no such thing as a free easement from the centerline of the road.......The state or county (depending on whether the road is a county or state road) would have a right of way from the centerline, but not a utility. Instead, the utility must obtain an easement either through a purchase or deed or eminent domain.

Thus, if the utility placed the lines on your property and outside of the easement area, then they should either have to move the lines OR pay you for placing the lines on your land.

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