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.
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.
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.
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.
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
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?
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
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