Legal rights -- Utility pole on my property and easement issue.?
We purchased our house in 2005. On the back edge of our back yard (total property is about 1/3 of an acre) is a very large electrical utility pole which sits entirely on our property. When we purchased the house we were never informed about an easement and it's restrictions, other than we could not obstruct access to the utility pole by placing any structures beyond the outside edges of the house. In 2006 we purchased and installed an above ground pool in the back yard and within the "guidlines" that were explained to us when we purchased the home. Recently, we received a letter from the utility company stating that our pool was in their easement and must be moved or taken down. Per their letter, they secured a property easement in the late 60's (the house wasn't even built until 1978) that extends over 3/4 of the way from the property line to our back door... essentially rendering our back yard useless.
So, I have 2 questions. 1) Should it have been disclosed to us that the easement exists when we purchased the house or, was it incumbent on me to find out on my own? 2) If I am forced to remove the pool, what rights (if any) might I have to charge rent to the utility company who's gigantic power tower rests entirely on the property that I've purchased and pay taxes on? We live in Virginia. Any insight to either of those questions or, the issue in general is appreciated.
ca_surveyor2010-02-02T11:59:58Z
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You are in Virginia,. I practice in California .. different states have different laws, so lets be generic.
Ok.. lets start with #1
When you bought the property, you were prob. given a title report to review. Given that there was an obvious electric tower in the back yard, I would presume you asked about it (?) Today, many easments come in to being via the subdivision that creates the individual lots and that would be listed in the title report as an 'exception'. Likewise, if a previous owner of the land sold the right of easment it would also be shown in there. The year the house was constructed is not relevent to this right.
So..... if it is NOT in the title report, and if you did not receive any disclosure on the matter you can likely submit this as a claim on your Title Policy (which your lender required you to purchase unless you paid lump-sum for the property or received it in another manner like inheritance).
Title policies do not expire.. they are good for your ownership so go find it and check it and then act on it if the easement is not in there.
Ok.. item#2
If the utility company has an easment they are bound by the requirments and obligations of that easement. Typically they have already paid for or been given the right to use the land so there is no rental due. BUT.. your search (exclusive of answer #1) begins with:
a) Get a copy of the easement. The utility company will likely give you one or you can challenge them on their rights and then they will provide one .
b) Read it.
c) Read it again...
d) Now you know what YOU can do and what THEY can do.. its usually pretty cut and dry but it often takes a couple of readings.
e) THe good part is that if it was not disclosed or in the title policy, the title company may pay to relocate the pool or reimburse you for its construction and removal costs.
RE: Legal rights -- Utility pole on my property and easement issue.? We purchased our house in 2005. On the back edge of our back yard (total property is about 1/3 of an acre) is a very large electrical utility pole which sits entirely on our property. When we purchased the house we were never informed about an easement and it's restrictions, other than we...
I run into this in industrial construction planning on a frequent basis. The construction trailer I am sitting in now, in fact, is less than a foot outside of the power company's 100' easement (50' both sides) for its high voltage power poles.
Yes, you should have been informed of the easement when the house was purchased, and it should appear on your survey; and no, unfortunately, you cannot rent your land to the power company.
I am not an attorney, but believe that will be the bottom line. I recommend that you contact an attorney in the Commonwealth of Virginia if you want to hear an answer worth paying for!
1) Did you thoroughly read every single piece of paper you signed when you purchased your house? It was probably explained in detail in one or more of the papers in that huge stack. And by signing it, you declare that you completely understand what that piece of paper is stating.
2) They have an easement, so you cannot charge rent. This is very common for all homes (not the big utility pole, but easements). The utility company needs access to get to the equipment. And besides, as you stated, the pole was there before the house was even built.