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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38888
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I ask at&t to provide a letter to enchroachment in pue. I'd

Customer Question

I ask at&t to provide a letter for permission to enchroachment in pue. I'd like to build a retaining wall on property line where the pue is to stop futher mudsildes and house settlement.
At&t took advantage of this situation and try to modify the easement agreement that I refused to sign. Can they do that?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

An easement is strictly construed to effect the intent of the easement grant. An easement does not entitle its holder (legally termed, the "dominant estate") to permit the property of the easement to damage the underlying property (legally termed, the "servient estate"). You don't need permission to install the retaining wall, if to do so is required to prevent earth movement from destroying the underlying property. You merely need to construct the wall in a manner that permits the utility lines to pass through the wall unimpeded. If the dominent estate holder later determines that the retaining wall needs to be modified to accommodate additional utility lines, then it will be that person's obligation to not damage the underlying property -- otherwise, you can sue for the damage to your land.

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