# Easement Issues



## SCRancher (Jan 11, 2011)

Ok I'm frustrated so I'm venting a bit here and seeking advice.

in 2006 I purchased my land. There is no deeded easement to the road but the dirt path that is used to access the property has been used for a LONG - 100 years +/-

There is an unrecorded survey that shows a proposed easement along the dirt path from 1992. My new survey (recorded) also shows the proposed easement.

I have title insurance that covers this prescriptive easement including signed testimony from the previous owner that they have always used the the path to access the property (the property has been handed down inside the family since before 1900).

The utility company put in a buried electric service to my well that was installed in 2008 or 2009 along my easement route.

Now I called the utility company in March to get another line to serve the house I want to build.

The utility company said they need to get the owners that are in front of my property to grant an easement to bring the power. The property is owned by 9 families (LONG story) and they are trying to get them all to agree to sell the property and don't want to do anything that may potentially harm the sale of the property.

If they could get them all to agree to sell I have already told them I would be interested in purchasing the property.

I am frustrated - why can't the utility company use the same path that they used for the well power?

I really don't want to spend money on this issue as I feel like the utility company if they already have 1 line in should not have a problem getting the other line put in.


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## SteveO (Apr 14, 2009)

Been there fought that and lost. What would happen if you extended your service from the well to the house which would be at your expence. It requires no new converation with the power company other than to tell them you are upgrading your service.
With all utilities let a sleeping dog lie.
Steve


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## SCRancher (Jan 11, 2011)

I don't think the service could be upgraded and extended - the distance from the well to the house is over 1000 feet - the distance from the pole to the well is 360 feet.

They are telling me that I will need a new primary line brought onto the property.

That is a good question however and I will ask.


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## SteveD(TX) (May 14, 2002)

Have you asked them why they use the same route they used for the well power?

Remember, easements across other people's property are often difficult to get. And easements are typically purchased, not just granted because someone else needs it.


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## 63shasta (Jul 13, 2013)

they should be able to use the same route.


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## wharton (Oct 9, 2011)

63shasta said:


> they should be able to use the same route.


And you base this statement on what, exactly? 

Until the landowner can provide permanent, legally binding access to the property, the power company will typically refuse to do the work. Happens all the time, and isn't the least bit unusual.

I am good friends with a local homesteader who had a similar situation. A family of citidiots bought a scrap of land adjacent to him, and proceeded to act like fools. Dogs running loose, chasing neighbor's livestock, a pair of peacocks screaming 24/7 etc..... They told all the locals to buzz off when asked to keep their behavior under control. Then they decided to build, and found out that they lacked deeded access to their ground. The power company man eventually ended up at my buddy's door, begging for a property line easement. When that failed, he even offered to supply and install new poles for a modest pole barn on the property, if he would sign. My buddy, and all the other neighbors, told him no. The OP could be in for a rough, and expensive, ride with this problem.


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## Bellyman (Jul 6, 2013)

Might it be time to explore "off grid" options? Seriously, solar panels can be found under $1/watt. 

Just a thought.

Best of luck, as I know issues with neighbors can be one of the most difficult one can face. I feel for ya.


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## Nimrod (Jun 8, 2010)

Consult a lawyer. Each locality has different statutes that apply.

Here, in MN, there is no such thing as a landlocked piece of property. The adjacent landowner MUST sell you an easement but it doesn't say how much the easement will cost. Another approach is adverse possession. If someone has been using a piece of property for a long enough time (like 20 years) without opposition they can claim ownership of the piece of land and the court will give it to then. 

See if these apply to you. If both do then you could threaten an adverse possession lawsuit in which the property owner gets nothing and pays their own lawyer bills if you win or the property owner could sell you an easement for a reasonable amount and they would get some recompense and have no lawyer bills.


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## tarbe (Apr 7, 2007)

Will this new service be buried, as well?

They will not bury the lines without a minimum prescribed spacing...so perhaps there is an issue with exactly where the second line will go, in relation to the first, and the historic "easement"??


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## painterswife (Jun 7, 2004)

Old thread


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## SCRancher (Jan 11, 2011)

Nimrod said:


> Consult a lawyer. Each locality has different statutes that apply.


Done!



> Here, in MN, there is no such thing as a landlocked piece of property.


Same in South Carolina



> Another approach is adverse possession.


Working on this, I have title insurance that covers my perscriptive easement access and due to my efforts to get power run they blocked my access. My title insurance policy kicked in at this point and the title insurance company is suing them and we expect a court easement to be in place at the conclusion of the lawsuit. A county councilman who has lived around the corner from my property all of his 85 years said that the path has existed for over 80 years and was at one time a county maintained road from the paved road in front of my property to a gravel road behind my property. 

The land owners are not going to be given the opportunity to sell me an access (even if the could get the 80+/- people who own the land to agree) because the title insurance just initiated the lawsuit.

I have only had walking access to the property and my cows since around last September, a Temporary Restraining Order was put into place a couple of weeks ago to allow me vehicular access to remove marketable cattle only.

I expect it could take at least another 6 months before the case comes before the judge, till then I have to just do my best to tend to my cattle.


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## farmrbrown (Jun 25, 2012)

I know this is an old thread, but the OP just updated.
You might want to check into this latest ruling in SC supreme court.
Patterson v. Duke Power Co., 256 S.C. 479

The uncomplicated version is, the electric companies can sell or lease those easements to other utilities like phone or cable. They don't need permission from the landowner and they don't have to pay any more money out for it, in fact they get to keep any financial incentive they might be getting for doing it.
FYI, that might just explain why they didn't go ahead and run the line in the first place.
Two eggs are better than one, right?


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