First, your right to use their easement must be recited in your deed.
Next, you should contact the attorney who represented you when you purchased the property and explain the problem with your neighbor. Ask her/him to check the title report that was performed when you purchased the land to make certain you have a right of access to your neighbor's property. They could send letter on your behalf explaining your rights.
If it's not possible to contact the lawyer who represented you at the time of purchase, or, if you had no legal representation, you need to consult with an attorney who specializes in real estate law. Take a copy of your deed with you. The attorney will need to check the title for your property to verify that the easement is appurtenant to your land and that your neighbor's land is subject to the easement. The attorney can send a letter to the neighbor explaining your right to connect with the utility. Sometimes a letter resolves the problem. If not, the attorney will explain your options.
You have the right to own and pay property taxes, and enjoy the use of the easement area, but you cannot build anything or plant trees within it that would interfere with the power companies use of the easement to access their lines, poles, and equipment.
The construction denies the states the power to:
No. Also, other utilities can't use the easement unless that right was granted in the original instrument that granted the easement.
No. You need to obtain a release of the easement from the utility company before you build anything on the portion that was affected by the power station and lines. The company can always reinstall new equipment within the easement area and demand that you remove any structures you have installed in violation of their easement rights. Try contacting their right of way or easement department to determine if and how you may obtain a release of their rights in your property. In Massachusetts the utility companies charges for researching and releasing an easement that is no longer used can run from $500-$1500. Some companies will not release an easement that is not being used.
Your title would need to be researched to determine if an easement was granted in years past. Utility easements are often not recited in deed descriptions. Failure to recite the easement does not mean the easement doesn't exist. Grants by property owners are not the only method by which utility companies acquire rights. In some cases, easement rights were taken by eminent domain. In some cases the utility was permitted to construct a ROW by virtue of a legislative act. In that case, it would have an easement. You should speak with an attorney in your area before you construct anything within the limits of the power line. An attorney who specializes in real estate law would be familiar with the local practices. If you build a garage within the power line ROW and later find the utility did have an easement it can and will demand the garage be removed.
People and Power - 2007 Osama My Neighbor was released on: USA: 8 June 2011
Its not. Its that the power company has to be able to have an easement to be able to conform to certain regulations. Like cutting the trees to make sure there are no power outages.
If there was no easement you would have to bear the expense of having a new line installed. Comment: It sounds like the title company and/or the appraisal company missed the boat on this. Check with an attorney.
I'm going to assume that FPL stands for Florida Power and Light. If that is correct - if you have a fence constructed across their easement on your property - they have a legal right to access your property to work on their system. Although they should probably have asked first, if the case was an EMERGENCY situation, yes, they can access the property to make emergency repairs to a public utility.
Yes it does. The easement allows them access to run anything they wish along it as long as they return the property back to the condition it was prior to construction. The laws can differ from state to state but it is their responsibility to provide services to all the customers in their district or coverage area. This area is normally between the property pin and the road edge or inside of the "Right of Way" for the Department of Transportation. This area can run between properties and also be rear easement. If you have any questions concerning this, you can check with the utility company in question and ask them to provide you with this information.
24 I think
Generally, no, unless the rights were taken by eminent domain. However, it may have acquired easement rights many years ago. If no easement rights are recited in your deed that does not mean there are no easement rights. Ancient easements are often dropped from property descriptions especially when the current configuration was derived from a much larger tract in the past. Ancient utility easements and takings would be revealed by a comprehensive title examination.