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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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Hi, does AT & T have a right to place their utility pole on

Resolved Question:

Hi, does AT & T have a right to place their utility pole on our property in Hialeah, FL and to lift the new pole with a crane up and over our property in order to place it there without authorization from us?
Submitted: 8 years ago.
Category: Legal
Expert:  JB Umphrey replied 8 years ago.
Thank you for using JustAnswer!

Have you shared your concerns/questions with your local government officials in Hialeah?
Customer: replied 8 years ago.
We called City Hall but they were not willing or able to help us answer this. A call to AT & T yielded a result of them saying they will crane the pole through the middle of both properties, ours and the neighbors' (who are the ones who called about the bad pole in the first place). To further describe the problem, the neighbors called AT & T because the pole was leaning towards their house, but when AT & T came out today and went to their house to ask about going through to the back of the house to dig the hole the refused them entry. So they to come in through our house. The pole is as described by ATT on our property but on their easement. We think they should be taking the pole through and gaining entry through our neighbors house. Can we legally refuse them entry too so they be forced to enter through our neighbor's house?
Expert:  JB Umphrey replied 8 years ago.
Thank you for using the magic word: easement. You own the property but AT&T has an easement to access/use the property for its utility service.

As frustrating as it may be, no, you cannot deny AT&T access. You can ask them to go through your neighbor but that's about all you can do.

You'd be surprised at how many utility easements you have on your property: AT&T, electric, cable, water, sewer, etc.

The easement is created by operation of law. AT&T doesn't need your permission because they already have it through the deed and local ordinances. That's the whole nature of a utility easement.

Good luck and best wishes! This, too, shall pass. I hope that you find this information to be helpful and this answer to be ACCEPTable!
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