We have some property that some day soon we wish to develop and use as a summer location or maybe a full time residence. While this has yet to happen yet though there is one thing that I have been trying to resolve. I feel that this shouldnt be like this but I am hitting a brick wall.

The problem at question is we have a power pole directly infront of where the old house used to be at. This is about 85 feet from the property line with the neighbor. What was done is a power line was runned off this pole across the corner of the property to the side of their house. They last time I was there have a power pole infront of their house but the power line is strung across our property.

This is not a easement type situation seeing as the line runs across a good 35 feet worth of our property. I would greatly like to see this go seeing as we have no idea where we are going to build a new house or locate the fencing or any other objects. We've called the towns power company and they said that the line has been there a long time and we told them no one ever gave them permission to run the wire like they did. They told us they would have to research who gave permission and then get back to us. That was about 6 years ago and never heard back from them.

So I guess I need to know in the state of Texas, can I basically demand the powercompany to relocate that line as I plan on building where their line is runned across even if I dont build there? Or should I just call them up and ask them what happened and let them know they can deal with me or my lawyer. In the end this has got to go, either willingly or we will sever the line ourselves since we already voiced that we dont want it there, that theres no reason to run the line like they did when they got a pole infront of their own house.

I can get some photos from google earth to show how the line is runned if that will help. Just have to save them and mark off the property line and everything.

 

Don't know about Texas, but here in Oregon if there is no easement on file at the county recorder the power company MUST remove it at their expense. I would check your county records......

 

There is an easement it is 5 feet back from the road where the power lines run infront of the houses. Beyond that our property line is there and the line is runned off the pole in the easement across the property line cutting through the upper corner across the north east property line to a pole they had recently installed to support the wire that then plugs into the side of their house.

I did a diagram using a satilite photo to point out how its running. Be better than me trying to describe it. I will say that the north eastern side of the property line is basically the city limits border. So we are not in the town but just outside.

With any luck if it can be made out, the black lines are the property line boundries. The yellow line is a estimated 5-10 feet back from the road which is basically the easement. The white line is the power lines running along the easement along side of the road. The blue square if you can make it out is where the power pole infront of our property is located at. The red line is showing the power line running off our power pole to the neighbors house. You can see just how much of the property it crosses outside of the easement part.

 

I had a property management company here in Oregon for years, but am now retired. IMHO that would be completely illegal here. I would still check with the county government first, and if they show no other easement I would have an attorney send the power company a demand letter to have it removed. None of the power companies here would ever install a line across another owners property line.

 

As far as I know the survey paperwork that we have, there is no mention of an easement along the property line with the neighbors. Its just a single line dividing our property from theirs.

The power line has been there for about 30 years is what the power company told us. They told us that they had to have been given permission to run the line like that. We told them that we never gave them permission seeing as the property has been in the family for more than 30 years. They told us they would look into it and do some research on who gave permission and get back with us and now here I am 6 years later and never heard another word about it. I seriouslly am thinking about getting a lawyer cause as of now I dont know where any building locations are going to be. We still have to fill in low areas and sculpt the land like it used to be.

Friend of mine told me to contact the town hall on this matter, but I dont think they would be able to help considering the north most property line is the city limits line itself as well.

 

The power co MUST have written permission in order to have that line there, and it sound like they don't. Go see a lawyer............

 

Looks like I will be contacting my lawyer and let him deal with it. I was to that point already, I have enough stress with work to be stressing with this.

 

As much as I dislike lawyers, sometimes ya just gotta use them. Good luck!

 

Yep, sad thing is though might cause bad blood with the neighbor. That sucks cause I like the neighbor but it wasnt up to her to run the power lines like that and I cant expect her to pay to have it moved when the power company ran it like that.

 

If the power company ran those lines illegally like that she shouldn't have to pay to have them moved.

 

I dont think they could do that on that. The part I am concerned with is the power box is on the south side of the house and the pole on her property is on the north side of the house. Meaning she would have to have the pole she had put in to support the long wire moved closer to the street to L the line off her pole to that pole on to her house.

But the way I see it, its nothing personal I just prefer to have nothing running across the property.

 

I don't know about the laws in Texas , but going by your diagram, I wouldn't make a fuss over it..

It doesn't look like it would interfere with you building on the property..

The zoning laws here would never allow a building built that close to the lot lines..

I am not sure, but I believe here we have to be 40' from the lot line unless you get a variance to allow it

 

I didnt exactly plan to build there. I just dont like it running across the property like that especially so close to the white cedar tree. If the tree falls we now have a line on our property thats hot and god knows if we would be responsible for the repair costs or not. I rather just avoid that and get it off the property. Here you can be as close as 1 foot last time I checked from the property line when building. But that is in city limits. Since this is outside of city limits I dont think there is any restrictions or regulations on where you build since there are no permits required to build outside of city limits or building codes that has to be followed strictly.

This came from a builder that told us that it would be smarter and cheaper to build the house before we ever attempted to get included to be within city limits. That way there wont be as many fees for pulling permits or having delays due to inspections.

 

I had almost the exact same situation on a piece of land I own in Mississippi. They took the cheapest solution available. I never did get the power company to move the wires to my neighbors trailer but once they moved out, the pole "fell" when I happened to be down there one year.

Before you go hire an attorney, I would start by putting some correspondence to the power company in writing as opposed to just talking to them. Use certified mail. Try to speak to their real estate people if they have any. You may save yourself the cost of an attorney.

You may also want to look into whether the power company there has the power to take easements by eminent domain or if they can claim adverse posession or an easement by prescriptive rights. If that power line has been there for 30 years, they can probably claim the easement without any compensation.

You never know though - they may just be nice enough to move it. Never hurts to ask nicely (in writing).

Good luck. Nice piece of land, by the way.

 

It's possible the power company can run a steel cable between poles and then run her service drop along that cable (within their 5' easement) from the transformer until it is to the corner of the neighbors property. Then across their yard to the house.

But seeing that the neighbors weatherhead is near the center of that side, they may have to relocate in order to comply with the code concerning how close the wires may be to a window opening or the roof itself.
(2009 IRC 3604.1 & 3604.2.1)

Work with your neighbor on this.
There's no need for bad blood because of something that neither of you had a hand in.