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My wife and I live on a farm on which she was raised and we…

Customer Question
My wife and I...

My wife and I live on a farm on which she was raised and we inherited upon her fathers death in 2006. Approximately 30 years ago, her father sold 5 acres to a couple who built a home on the adjacent property. Around the 1980's, Cable service was established in this area on a line from the road to a pole on adjacent property to our house. This service remained in use until Feb. 2014 when Suddenlink Communication removed the cable upon the demand of the neighbors. They claimed the cable was trespassing on their air space. Suddenlink has agreed to re-install my service providing I pay for it . I feel the law of prescriptive easement forbade the removal of my service and it should be restored at no cost to me.

Lawyer's Assistant: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?

Yes in 2014 the attorney sent a letter to neighbors which was ignored. I was told I would have to provide a $6000.00 retainer to further my case.

Lawyer's Assistant: What advice did they give you?

That my only recourse is to sue.

Lawyer's Assistant: Please tell me your email address, in case we get disconnected.

Customer:***@******.***

Lawyer's Assistant: Thanks. Are you ready to speak with the Lawyer now?

Yes

Submitted: 2 years ago.Category: Real Estate Law
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Answered in 43 minutes by:
2/25/2016
Real Estate Lawyer: J. Warren, Lawyer replied 2 years ago
J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,250
Experience: Experience in residential real estate and commercial leases.
Verified

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry you are dealing with this situation. A prescriptive easement may be a legal theory in which to seek recourse. Unfortunately, even if the cable company was wrong in removing the cable they are unlikely to admit it was there fault and unlikely to address the issue and resolve it without being forced to do so by a court order. In other words, even if the cable company wrongfully removed the cable, you will have to initiate a lawsuit to either negotiate a settlement or have your day in court. This puts them in the position to defend themselves in which they may decide to reinstall the cable at no expense to you to avoid the high cost of litigating the matter with the risk of losing.

It is unfortunate when a person is wronged it takes going to court to resolve the situation but often as in this case there is likely no other means to resolve the issue. You could attempt to file a consumer complaint with your State Attorney General, this could result in the consumer protection division intervening and assisting you with getting the cable reinstalled. In addition, a consumer complaint could be filed with the FTC as well.

I know this was not what you want to hear.

All my best and encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated “ok” (3 stars) or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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