Just had a strange conversation with PG&E about an illegal pole on my property

Page 3 of 3  
Mel Knight wrote:

Dear PG&E,
You have a pole on my property and wires from it that cross my property. Remove the pole and wires.
If you prefer to purchase an easement, make me an offer.
If you prefer to rent the space, make me an offer.
Yours truly,
Harried Homeowner
--

dadiOH
____________________________
  Click to see the full signature.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

The problem may be serious for you in that if or when you ever want to sell the property you will have to disclose the existence of the wires across the property to prospective buyers. Some buyers may make removal of the wires a condition of sale and you will then need to correct it under pressure of sale and time. So get it fixed now or settle the issue while there is no rush.
The best first step is to write a letter to the power company telling them of the wires and requiring them to relocate the poles in such a way that the wires do not cross your property. It is most likely that they will make you a cash offer for the right to leave the wires in place. You then decide whether it is a small enough issue that it is worth it to accept the cash. Best to consult with a lawyer about the ramifications of leaving the wires in place. If you take the cash you will be stuck with the wires forever and so will future buyers of the property.
Maybe even ask the lawyer if you have recourse on the people who sold you the property with the wires and did not disclose it to you. Whether they knew about them or not, they probably signed something to the effect that there were no encumberances or some such things. Maybe it is their responsibility to get the wires removed.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On 1/12/2011 7:45 PM, Mel Knight wrote:

One time the phone company ran poles and wires across quite a large part of a farmers field. After it was there for a while and in service, the farmer went out late at night with a shotgun where the wires hung the lowest and blasted it to bits. News reported thousands and thousands of phones stopped working. The repair crew found the fault and in a day or two or three ran a new cable along the road on existing poles about 5 extra miles around the farmers field.
I suppose you would probably get caught using that solution unless there is no one within a mile or so of your property.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
First, I see you changed your question to say the pole is not on your property. Therefore, I must ask if the lines go over your property. Since it sounds like you have a large piece of rural land, you know the title company is involved, and have been there only a year, the property survey markers may still be in place or you can find them again with the survey that came with your closing papers. Determine if the lines are actually over your property. If the lines are over your property and no easement was in your closing papers or is on your title, you have a suit for trespass and to eject the lines from your property. Had you your own lawyer at closing (which everyone should do even if the custom is to not), they would have either caught this or would continue to represent you now. Since you didn't, contact your realtor (not the seller's realtor) for information on how to proceed.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
wrote:

How in the world would a lawyer involved in a routine closing know about overhead utility wires that slightly overhang a property from a pole that is on an easement? The OP himself didn't notice them for 6+ months.

Sure, for additional money. It wasn't the responsibility of the lawyer to go out and do a visual inspection or survey to determine what is encroaching on the property. If the overhead wires position was shown clearly on a survey, then MAYBE you could get the lawyer to own up to it. It could be the title company's headache, if the wires actually do go over the property without an easement. Also possible they've been there for 50 years and then, depending on state law, who knows.....

What makes you think he even has a realtor? And why would you go to a realtor, who isn't licensed to practice law, for legal advice?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Mel Knight wrote:

We need more information. Will the pole burn (i.e., creosoted timber) or is it metal?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
On Sat, 15 Jan 2011 13:16:02 -0600, HeyBub wrote:

Creosoted timber.
Why do you ask?
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload
Mel Knight wrote:

You should take it upon yourself to dig a fire-break around the pole (wink-wink) to prevent it from catching fire by spontaneous compubstion (nudge-nudge), lightning strike (know-what-I mean, know-what-I-mean), or (God forbid!) arson (giggle, giggle), the wire won't tumble down on your property.
Add pictures here
<% if( /^image/.test(type) ){ %>
<% } %>
<%-name%>
Add image file
Upload

Related Threads

    HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.