This is starting to get interesting. Recently it was in the news for another reason: there is no code among criminals.
In other words, it is going to continue until someone stops it.
I’m not aware of any easements at all, and I cannot find a real “plat.” The poles are here:
This is rough and I think it looks different in person (see the pics). Any actual or implied easement is narrow–just a passageway. Keep in mind the poles are always accessed from the top by ladder. I still think there should be no reason to enter my property.
Now, fill in more poles…
There. This one is much better. Again, it is rough. My house is 30545. My God, the street is that wide, you ask? That is because the street is approximately 12′ wide and the whole county property–including the right of way–is 25 feet. It is steep and rocky and the road is basically in the middle of the space. For a homeowner, it is basically free territory, but it is not owned.
It is an interesting situation because the poles
in my near my backyard are close to the middle in terms of road access. They are entirely off my property including the wires, which are not above my property. Keep in mind the fences are not on the property line. It is not square and easily defined like most subdevelopments, but clearly the nearest paths everywhere–from pole to pole or from pole to road–are through the fences that have no gates nearby.
Should Xcel Energy choose to go straight down from pole c there is a scenic rock cliff directly there. And, it is more or less right of way property which I do not own and cannot control access to. So I’m OK with that.
So why does the crappy contractor keep asking me for permission? The answer is a) they are too lazy to rip down the fences or ask everyone else and b) they’re thugs. They already walked 4 people with equipment from pole a to pole b when they should have been inside the fence. Then they want to go again from b to c, or worse yet a directly to c. There is no reason to be on my property and a fence is no excuse. If they need to step on my property in any legal access elsewhere in a harmless manner, I am not anal about that. But I want to know their where and why.
In 27 years of owning my house I have never had anyone tell me there are easements on my property. I cannot allow precedents suggesting there are without proof. Again, it is not free territory for all because there are fences nearby and it is frequently used in that way. With all the workers creeping around–4 times they’ve been to my house and I see them driving and parking almost every day–I’ve never seen anyone inside the fences near my house.
Are utility companies allowed to enter your property? No, they are allowed to enter an easement, which may include your property. It is ludicrous to think they can go anywhere and do whatever they want. They are responsible for damage or modifications not on an easement. I use the word easement liberally (not necessarily a legal definition) and there are exceptions; words like emergency or reasonableness require experience not contained here.
I work off, or at least I try to include, clues. The fellow who showed-up here 2 days ago didn’t have a response when I mentioned the right to go to the pole and that damage to my driveway has yet to be repaired. He provided no name or identification. He said he was going to call the sheriff on me. Why? If he is certain he has the legal right to do something… They are hiding and covering up.
I live at 7,500 feet. The terrain can be fragile. It is difficult to grow things. Damage can last.