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dolphinmoon, Real Estate Law Answer Team
Category: Real Estate Law
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Experience:  Real Estate Law Expert
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Comcast claims to have a easement to a cable box under my

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Comcast claims to have a easement to a cable box under my airconditioner. I have lived in my house 11 years and this is the first I have heard of this easement. It is not on the real estate title which does show easements for ultiltes and sewer that are no where near the cable box. I had to file a small claims case to recover the cost of repairs from the damage that Comcast did when I was dumb enough let them in my backyard to do some work. Comcast stated in court they had no record of an easement but claimed some kind of general thing. I don't remember what they said and the judge refused to address the issue since it was not what the case was about. I don't have cable and the box is for the service for my house and neighbors. Now I want to make sure I never have to deal with Comcast again so how do I find out if they do have some kind of easement
Submitted: 10 years ago.
Category: Real Estate Law
Expert:  dolphinmoon replied 10 years ago.

If they do have an easement then the county would have a record of the easement and it normally would fall under the utility easement. If you do not want them to be allowed on your land then you need to file a restraining order against them for harassing you and report them for trespassing with the local police each and every time they come onto your property without your permission. What they may be claiming is a prescriptive easement but those are granted when the easement has been used continuously for 5 years or more. If you have lived there for 11 years and this is the first time you have had this problem with them, then I can not see that they have been using it for 5 years without your knowledge. If you do not wish to grant them an easement to the box, then post NO TRESPASSING sings up and if they do come onto your land then you can call the police. If you wish to sell them an easement (or charge your neighbors as it is them that benefit from the use of the box and not yourself) then you could do that and they would continue to be responsible for any and all damages incurred while using the easement as well as the upkeep and maintenance of that easement.

To verify the easement, contact the Clerk of Court in your county or the Recorder's Office.

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