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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118264
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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This about an easement being taken on my property by AT&T

Customer Question

This about an easement being taken on my property by AT&T with a person who has no ownership involvement in my property. AT&T takes the view that it really isn't so much of a problem because under eminent domain law and they being a utility would have gotten the easement any how and therefore damages to me should only be what they usually pay for an easement agreed to by a real owner of the property. I do not like where it was put and the area and address does not narrow the property needed for the unit. Furthermore where they put it is a slight hazard and their employees who service the property park in our driveway and are reluctant to our wishes that they do not park in the driveway but they are empowered just by being there and in confrontations with them by my self they are rude and sometimes threatening as I am 83 years old and do not relish duking it out with rather large young guys who have less than calm temperaments. They refused to discuss it with me and required I hire an attorney. I have sued them and asking for 5,000 dollars for the easement, they pay the legal costs since they would not speak to me directly, and repair a really bad sidewalk tear out and replace that travels over 100 feet of the northern side of my property. They did not use forms when they replaced the sidewalk and now the cement is leveled off on the parking lot side of the property and runs into the tar that was disturbed by their tear out and replace. A cement contractor has looked at the job and he cannot see how ATT was able to replace the cement without it being subjected to a City of Cleveland inspector. The contractor called it a careless at best job and wondered if a permit was taken out for the work. I also want the old easement voided and a new one drawn up with a more concise area they are entitled to as opposed to their using the address of one of the parcels that makes up a corner lot with buildings on it covering about two thirds of an acre. I don't want to argue any further with AT&T but want it to have a judge decide. AM I on point with my demands and requirements.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.
Not only are you on point with your demands, you are correct they should be pulling this up and at the bare minimum properly installing it and doing a proper workmanlike job on the pole. However, realize the word settlement means something that neither party is happy about but something both parties can live with. So with that in mind, I would of course insist that the work be done in a workmanlike manner and make that a non-negotiable part of your demand. Then you need to work on some number you would be able to live with for your monetary compensation if you want to settle this.
The judge is going to do the same thing on this claim, they are going to evaluate the value of the land as well. So perhaps give the negotiator something, like take $3500 or $4000 and they make the repairs as required and pay any legal fees and costs (just a suggestion so you can get the idea).