Evidently my neighbors Comcast cable went out and Comcast ran a temporary line on top of the ground for him. The cable runs diagonally through my backyard. I don't have a problem with my neighbor or Comcast nor do I plan on digging in the backyard so I may just let them bury it where it stands but...........I can't predict the future and what I do today may effect me later.
If I let the routing of the cable stay am I liable for damaging the cable in the future?
Unless you can get them to sign some kind of waiver saying you're not, yes it's possible to hold you liable for any damage.
Did Comcast say how "temporary" the "temporary" cable would be used? Bury it in your backyard? I don't think that they can do that legally without your explicit permission unless the entire run is on an easement. I'd be inclined to allow Comcast to bury it on my private property if they paid me a fair rental price, say about $100/mo with a built in cost escalator tied to their future rate escalations.
There would have to be a utility easement if it was not servicing your property only. If you knowingly let them bury it you may be granting that easement.
On the other hand you can drive Comcast crazy and may convince them to move it on their own without you making a fuss. Just call them every couple of weeks and tell them you plan to do some yard work and should come out and make their cable with flags so that you will not cut it. Or you could "accidentally" cut it wit a spade every so often. Your neighbor will make sure the line is moved.
This does not constitute legal advice. I do not have a law license, just a license to gently aggravate.
Unless the installer who comes out for the permanent cable is a complete moron they will pull it back to the proper easement area.
The temp is just that a temp. Even that should not be run anywhere but along a utility easement. Utility easement are usually the back 10-15 feet of a yard and some places add a 2-3 foot one along the side yards for house drops only.
If it is in the easement and you cut it then you bought it. Otherwise I think you could argue the point though most areas now have a call before you dig law.
I marked with a painted stripe on the ground where I wanted Comcast to place their line on my property to service my house, and the (*@*&(@&*_@#$ idiots couldn't even get that right. Of course, they didn't speak English so I couldn't argue with them.
Now I am fighting to not have to pay a franchise fee to the nearest town, the franchise fee is on my monthly bill, even though I live outside the City of Naperville, IL limits, my bill says I am paying $3.50 each month to the City. I have started not paying the franchise fee, and we'll see how long it takes them to do something. I can furnish them my tax bill, but no one at Comcast seems to give a damn, they all say it is not their department's responsibility..
In my neck of the woods a utility company needs an easement to run across any property that's not the recipient of the service
As others say, they need an easment but they could have it depending how your property is laid out.
snipped-for-privacy@mucks.net wrote in news: snipped-for-privacy@4ax.com:
Temporary just to debug or test something is one thing.
Did they ask you about doing this?
Comcast has no idea how it was installed. The big name cable companies I know of all sub-k to individual one person operations. Sure, they have the Comcast/Time Warner/etc labels all over the van but they are sub-k's that are pressured just to get it done.
Might wanna call Comcast with your concerns.
re: "I have started not paying the franchise fee, and we'll see how long it takes them to do something"
I'm not a lawyer, but I'm willing to play one on the webernet.
As far as rental payments for an apartment are concerned, you can't just stop paying even if the landlord is not adhereing to the terms of the lease. It's the old "two wrongs don't make a right" rule.
If the current rules state that you are subject to the fee *at this time* then even if you get them eliminated in the future - and even if they make the elimination retroactive to some point in the past - you could still be liable for any penalties associated with the non- payments.
Lots of people have served time for doing things that are no longer illegal because they were illegal at the time they did them.
It's sometimes safer - and possibly cheaper - to continue to pay the fees and then negotiate a settlement once it's officially decided that you shouldn't be paying them.
I got the paperwork together today and it goes in the mail tomorrow. At most I will be a few bucks in arrears for one month's billing period. My contacts at the Naperville City Hall say that Comcast has to resolve the complaint in less than 69 days. I will let everyone know what happens in a separate post.
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