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  #1  
Old 08-06-2011, 03:56 PM
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Need lawlerly advice re utility trespass

Comcast just moved their main wire that goes down the street from one pole to another. In so doing they are now over my property about 7 feet inside of the property line. They have no easement and have not trespassed before so cannot claim a presumptive easement. I have several options that I have thought of:

1) Do nothing, too expensive to fight
2) Write them a letter, ask them to be nice and not trespass
3) Hire a lawyer to write the letter ($240.00 per hour)
4) Hire a lawyer to file for a restraining order ($240.00 per hour)
5) Try to file a restraining order myself (no idea how to do that)

Another issue is that Verizon is likely to follow them from the old pole to the new pole with the same resulting trespass issue.

What should I do? What are my odds with #2? Can I do anything to head off the problem with Verizon? What is this going to cost me?
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  #2  
Old 08-06-2011, 04:36 PM
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I'm not a lawyer so this is just my take.

First, verify via your plat that they do not have an easement, On my property the front 18 feet (24 from the centerline of the road), and the rear 10 feet is easement.
Wether they have used it before or not, it's easment.

I would then send them a letter and/or call them, if you are correct and there is no easement my bet is the guys that strung the wire either didn't know better or figured who'd complain ?

If you verify they have no easment, DO notify them.
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  #3  
Old 08-06-2011, 04:43 PM
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Use a spray gun to coat the cable with a substance that's wildly attractive to rabid squirrels. Repeat as needed.
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  #4  
Old 08-06-2011, 05:30 PM
compress ignite's Avatar
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Really Thick

Peanut Butter mixed with Honey.
Mop Handle Extension will allow you to apply it easily.

[Couple of Months of restringing that Coax 2-3 times a week will "Cure" them of
their Trespass inclinations]

Oh,If you decide to Call them...Do Not Even Bother with the Local Office!
Their Headquarters is in Philadelphia.
Corporate Phone Number: 1-215-665-1700

The Clown in the Tie Can fix your problem.(Heck his A.A. can)
BUT,for Grins and Giggles my Money's on the Blond in the Red Dress.

Be sure and tell them I stick Pins in Dolls made in their Likeness, Every Night.
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  #5  
Old 08-06-2011, 05:38 PM
compress ignite's Avatar
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This would be a Complete List of the Corporate Theives

With Pictures!

http://www.comcast.com/corporate/about/pressroom/corporateoverview/corporateexecutives/corporateexecutives.html
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  #6  
Old 08-06-2011, 05:47 PM
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I would be less inclined to vandalize the cable until the matter is fully resolved.

In working with the Baltimore Gas company, people can be paid for a Right of Way thru their property, and completely forget about it. Just saying.
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  #7  
Old 08-06-2011, 09:44 PM
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The term is aerial trespassing.

Ensure that your property rights are being violated.

Do not do nothing. Your acquiescence will greatly hurt your case.

You do not need a lawyer at this point.

Write a notarized letter. Send it receipt-request, certified. Demand immediate remediation. Do not request. If they do not correct the situation send a second letter, etc.

These utilities are highly regulated. Find the local agencies involved. Contact them.

Many areas have anti-billboard groups or tree-huggers with no cause to pursue. Explain that the pristine beauty of mother nature is being trammeled by these corporate jackals. Pour it on. In many ways it's a PR battle.

Unless they immediately correct the situation document the time and effort you invest. Take them to small claims court. Find some local blog and play it up. Some lawyer will take the case for free.

This is all valid IF they do not have an easement.

Most important - have fun, learn, keep a diary.

Go get 'em.
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  #8  
Old 08-06-2011, 10:12 PM
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You will get a lot farther with sugar than lemons. Check with them, they might PAY you for an easement.
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  #9  
Old 08-06-2011, 10:53 PM
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Comcast may have a blanket easement - if it's not called a blanket easement, you might be looking for other terms in your state - but cable companies may have the "right" to trespass as a public utility and to establish easements as necessary.

You might find out more by talking to the guys in the truck, if you can, in a friendly way, just shoot the breeze and ask what they're up to in the area, or what they did.
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  #10  
Old 08-06-2011, 10:56 PM
sjh sjh is offline
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Quote:
Originally Posted by Matt L View Post
If there's no easement, can't he just cut the wire?
Maybe in 1885 or some more primal time - not today.
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  #11  
Old 08-07-2011, 11:43 AM
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A lot of times utilities can create there own easements.

Is the line in your way? If not I wouldn't worry about it.


BTW are you sure its your property? I deal with this all the time, a lot of homeowners don't really know where there property lines are, more so if your city uses like a GIS system which can be pretty far off.

For example in my city we have a GIS system and on the street I own now the margin of error is about 20ft.
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  #12  
Old 08-07-2011, 11:57 AM
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With all the upgrades to fiber optic cables, DO NOT cut the wire, especially if it is fiber optic. The damages for out of service and FO replacement are extremely high. Do not incur liability.
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  #13  
Old 08-07-2011, 12:06 PM
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Quote:
Originally Posted by mpolli View Post
What should I do?
Get over it. Your property is not that special and cable and phone companies have the right to do this. You will lose.
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  #14  
Old 08-07-2011, 12:08 PM
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Quote:
Originally Posted by tjts1 View Post
Get over it. Your property is not that special and cable and phone companies have the right to do this. You will lose.
Neither statement is necessarily correct.

If it is important to you and you can keep a good attitude then continue.
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  #15  
Old 08-07-2011, 12:38 PM
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Quote:
Originally Posted by Hatterasguy View Post
Is the line in your way?
Yes. It impairs my ability to plant screening trees. All they have to do is use an alley arm and problem solved, same as the electric company did. The electric Co. offered me 1000.00 for a 4 foot easement and I declined. They then claimed a prescriptive easement since their wire (1 out of 4) had been there for more than 10 years. The only reason I didn't take the money is I didn't want to open the door for other utilities to ride on top of their easement. Since they can only claim prescriptive for their 1 wire I think I made the correct decision. They said I can change my mind and take the 1000 at any time.

As far as property lines, there is a stake, marked and flagged about 7' from the pole, so it is pretty clear. The confusion is the neighbor has a bigger right of way in front of their house so their property line is set back 10' farther from the street than mine. The pole is on their side, and set back behind my property line. The electric utility cut my tree illegally also which is a seperate matter.
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1998 C230 330,000 miles (currently dead of second failed EIS, yours will fail too, turning you into the dealer's personal human cash machine)
1988 F150 144,000 miles (leaks all the colors of the rainbow)
Previous stars: 1981 Brava 210,000 miles, 1978 128 150,000 miles, 1977 B200 Van 175,000 miles, 1972 Vega (great, if rusty, car), 1972 Celica, 1986.5 Supra
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