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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31016
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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A local internet company built a metal box on the corner of

Customer Question

A local internet company built a metal box on the corner of our property which they placed on a concrete foundation. The box stands 54.25 feet tall and 33.75 feet wide there are also 2 large concrete post. The distance between posts is 15 feet with the box in the middle. The company is claiming the easement law as his right to build this hideous box. The front side of the box is 33 feet from the center of the road but the other side of the box is approximately feet 59 feet from the center of the road. It's hard to measure the side distance because of a ditch on that side. The man also told us the only spot he could place that big box was on our property near our telephone pole because our telephone pole was the only pole that had the necessary transmitter box on the top to attach his box to. Because of the transmitter box is on our pole, he was unable to place the big box across the road on some unfinished property instead it had to go on our finished piece of property. We later learned from a consumers work that is was a lei. He just didn't want to cross the road. He lied to us, if we had known this , about the transmitter being only on our side, we would have fought him. Now we have a big ugly box sitting on the corner of our land. I also heard that they were coming to put a tower on it or near it. All of this work and any upcoming work was or will be done without our knowledge. What exactly does the internet company have the right to do to our land without consulting us or fettto g our permission? How much junk can he place on our property? How much grass damage and landscaping damage do we have to put up with? They parked on our grass a tore it up so bad it looks like its never been taken care of. There are weeds growing all around it. What about our property value. Our land has gone down in value since this box was built. What are our rights. We pay the taxes. Can we say no to anything? Does he have to at the very le as t keep it weeded and mow the grass around it. Finally, I thought the easement area was only 33 feet from the center of the road not 59 feet. What are we to do or what can we do?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Roger replied 3 months ago.

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

Expert:  Roger replied 3 months ago.

IF the internet company/utility company does not have an easement on your property, then it has no right to place anything on your land without your consent/permission. Thus, the first thing you need to do is find out what rights of way exist and how far they extend. Your local tax collector's office should be able to provide you this information.

Expert:  Roger replied 3 months ago.

If it turns out that there is no easement along/across your property, then you should have the right to remove any structures from your land. That said, it would be unusual for the utility to construct a structure on property without having an easement or right to build on the property.....but it is certainly possible that this could have occurred.

But again, the first thing to do is determine if there's an easement held by the utility, and based on what you find out about that, you can then deal with how to proceed.

Customer: replied 3 months ago.
I know consumers power has an easement on our land so does that mean the internet company also has it
Expert:  Roger replied 3 months ago.

No it doesn't mean that....the easement is not transferrable UNLESS the easement document specifically says that.

Expert:  Roger replied 3 months ago.

So, the power company couldn't give another utility company the right to use the easement it possesses UNLESS the easement says that the intended use or permissive use is to grant other utilities the right to use the easement area. This would be a very unusual provision in an easement, and if the easement is being used in a way that is outside of the written and intended purpose, the use would not be legal.

Expert:  Roger replied 3 months ago.

Thanks for your question and please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Customer: replied 3 months ago.
Could you please tell me exactly who I should ask? The tax assesor? I'm almost certain he has one because he's been laying wire throughout the neighborhood. Could I find that easement information online? Does he need an easement for each parcel of land or is it a blanket type thing?
Customer: replied 3 months ago.
Once I find out about the easement do I have to pay again to discuss this further with you.?
Expert:  Roger replied 3 months ago.

You'll need to determine if there's an easement....and if so, you need to look at the easement document and see what rights it says the utility has --- specifically whether it has the right to transfer or assign the easement to third parties (which is what would likely be the case if the internet company doesn't have an easement of its own).

Expert:  Roger replied 3 months ago.

An easement should be necessary from each landowner.

Expert:  Roger replied 3 months ago.

Thanks again for the question and good luck with this. If you need anything further please let me know.

Expert:  Roger replied 3 months ago.

If you have a follow-up, this question should remain open for some time after a positive rating is issued.

Customer: replied 3 months ago.
Roger, from what I'm getting, I need to give You a positive rating to continue this conversation. At this point I don't feel like any of my questions were answered except the obvious... Do they have an easement. I am almost poitive the have one or they wouldn't have built such an elaborate structure. My question basically is, under the assumption they have this easement, (i will confirm this Monday morning) what rights do I have? Is it true they're right is 33 feet and not 59 feet? What about the size of the structure, the tower, and the upkeep of their structure? Can you answer basically what rights I have if the do prove to have this easement? I don't mean to be difficult but 45 dollars is a lot to get an answer such as they need an easement. .
Expert:  Roger replied 3 months ago.

The answer to your question about whether they have an easement depends on what the land records and tax records tell you. Assuming there is an easement, their rights to use the property and your rights would be outlined in that document as well.

Expert:  Roger replied 3 months ago.

The same stands for how wide the easement is from the center of the road, etc. It all depends on what the filed easement says. There's no state law in regard to distance or width.

Expert:  Roger replied 3 months ago.

Everything depends on if there is an easement, and if so, what it says....and who gave it to the utility company. Until you know that and their rights, you won't know yours.

Expert:  Roger replied 3 months ago.

That said, the only rights the utility company has would be those that are stated in the easement document......also, the scope of use would have to be outlined in the document as well.

Expert:  Roger replied 3 months ago.

I wish that I could give you a definitive answer as to whether an easement exists, but without accessing and reviewing the land records and tax records, no one will be able to advise further than we've already discussed.

Customer: replied 3 months ago.
Thank you
Expert:  Roger replied 3 months ago.

No problem and good luck.

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