Real Estate Law
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HI - my name is ***** ***** I'll be glad to assist.
IF the internet company/utility company does not have an easement on your property, then it has no right to place anything on your land without your consent/permission. Thus, the first thing you need to do is find out what rights of way exist and how far they extend. Your local tax collector's office should be able to provide you this information.
If it turns out that there is no easement along/across your property, then you should have the right to remove any structures from your land. That said, it would be unusual for the utility to construct a structure on property without having an easement or right to build on the property.....but it is certainly possible that this could have occurred.
But again, the first thing to do is determine if there's an easement held by the utility, and based on what you find out about that, you can then deal with how to proceed.
No it doesn't mean that....the easement is not transferrable UNLESS the easement document specifically says that.
So, the power company couldn't give another utility company the right to use the easement it possesses UNLESS the easement says that the intended use or permissive use is to grant other utilities the right to use the easement area. This would be a very unusual provision in an easement, and if the easement is being used in a way that is outside of the written and intended purpose, the use would not be legal.
Thanks for your question and please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
You'll need to determine if there's an easement....and if so, you need to look at the easement document and see what rights it says the utility has --- specifically whether it has the right to transfer or assign the easement to third parties (which is what would likely be the case if the internet company doesn't have an easement of its own).
An easement should be necessary from each landowner.
Thanks again for the question and good luck with this. If you need anything further please let me know.
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The answer to your question about whether they have an easement depends on what the land records and tax records tell you. Assuming there is an easement, their rights to use the property and your rights would be outlined in that document as well.
The same stands for how wide the easement is from the center of the road, etc. It all depends on what the filed easement says. There's no state law in regard to distance or width.
Everything depends on if there is an easement, and if so, what it says....and who gave it to the utility company. Until you know that and their rights, you won't know yours.
That said, the only rights the utility company has would be those that are stated in the easement document......also, the scope of use would have to be outlined in the document as well.
I wish that I could give you a definitive answer as to whether an easement exists, but without accessing and reviewing the land records and tax records, no one will be able to advise further than we've already discussed.
No problem and good luck.