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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111468
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Does At&t have the right to dig on my property without my

Customer Question

Does At&t have the right to dig on my property without my consent. Especially when I don't have At&t services
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Does your property have a utility easement on the deed? Have you checked that?
Customer: replied 6 months ago.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
If your property has a utility easement on it, then ATT as a utility company may come onto the property and dig on that easement, even if you do not have ATT service. The issue with a utility easement is that it is permission to utility companies to go onto your land to install or service utilities running through your property, even if the utilities are just running through your property to another property.
The easement is what gives them the right to enter your property and dig on the easement without any other permission or consent necessary from you.
Customer: replied 6 months ago.
It is saying Easement for installation and maintenance of utilities( including cable television service) and drainage facilities are reserved as indicated on recorded plats. In addition, Declaration reserves and additional Easement and right-of-way for installation and maintenance of utilities including cable television services. And drainage facilities over the rear 5 feet of any lot over each side 5 feet of any lot
Customer: replied 6 months ago.
However the Declaration may in its sole discretion waive it's right to such additional Easement along rear and side lot lines
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Okay, so the easement does give them the right to do this according to what you are stating above. That is their permission to access the area described in the easement.

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