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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33938
Experience:  Began practicing law in 1992
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The cable company is trenching my yard for new fiber optic

Customer Question

The cable company is trenching my yard for new fiber optic lines. my neighbors trenches are all close to the street. i have a cul-de-sac lot and they've trench all the way into the middle of my yard. how can they still be on the easement?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: oklahoma, city of edmond
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: not really
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 month ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Customer: replied 1 month ago.
My concern is they,ve dug right next to large tree cutting all of the roots. But it,s in the MIDDLE of the yard?
Expert:  Dwayne B. replied 1 month ago.

They could still be on the easement if the easement states it extends through the middle of your yard.

Many people never examine their easements and have no idea where they are. In some cases, they have even built homes which obstruct an easement because they didn't have a good understanding of where the easement was located.

My suggestion is to take your deed as well as any other documents you received when you purchased your property and have a local real estate attorney read them to see if they can determine where your easement runs. If they can't, then they may send you to a surveyor to see if they can tell from the legal description of the easement where it is located.

You can also contact the cable company, but I've never found the utility companies to say anything except "we're on our easement" when you ask them, even if they are wrong.

Just so it's clear, an easement does not have to match your neighbors and can extend quite a bit further into your property. This usually happens if there is another utility, such as a gas line, already on that easement, or if a house wasn't built at the same time as the others.

Customer: replied 1 month ago.
I believe they're past the easement as they've dug in the MIDDLE of the yard. They didn't do this in the neighbors yard. What is law on the size of the utility easement in Edmond?
Customer: replied 1 month ago.
I read online that state only has a 30-30 foot easement requirement, but your saying it could much larger?
Customer: replied 1 month ago.
sorry 20-30
Expert:  Dwayne B. replied 1 month ago.

There is no specific law setting an easement. As I mentioned earlier, it will be contained in the land records you were provided when you purchased your home.

Yes, it could be larger although it is rarely smaller, but that is just an easement that runs along state highways or state property and has nothing to do with the easement for homes on a city street. A state highway that they plan to expand later from a two lane into a four lane, for instance, may have a hundred and fifty foot easement.

I've seen easements running along a roadway for miles and then suddenly take a 90 degree turn and run directly across a person's property, bisecting it. That was the case where the house was built on the easement.

Some easements were given a hundred years ago, some only recently. The easement must be specifically described in the real estate papers somehow though.