Create your free account now! Sign up

Need advise on an easement issue


Hi Gang, I have a situation in one of our Arizona systems and could use some advise from someone that deals with easement issues. We have a underground line (trunk, fiber, feeders and even a power supply line) that is encroching on someones private property. The issue is the landowner is fenceing in his property and wants us to move the ped (a trunk amp location).I met him and told him we would move the ped but at his cost, I even offered to work with him to minimize the cost, but the guy was kind of a jerk and I told him don't call me till you have some $$$ to pay for the move. This guy thinks we can just throw a few shovels of dirt and scoot the whole thing over a foot or so, he doesn't get that thereis a 78 count fiber involved that will need to be spliced 1 trunk in and 2 out, 3 feeders, and even a power supply run from the next pole (where the feeders go back in the air) it's a worst case senarial, otherwise I would consider an alternative.

Now all along I assumed we had an easement. It turns out that this one location was formerly part of the river bar (before it was channelized) and there is no easement on file with the county. He checked and now knows this, and we verified it. Now we have been there for over 30 years so I would think that that somehow establishes an easement. I don't know, I'm not a lawyer and never dealt with this situation before. Now I'm kind of at the mercy of this jerk.

Any advice would be much apriciated. As of now I stalled him out while we prepare this move but I don't have much time.
This is CABL.com posting #304487. Tiny Link: cabl.co/mbrnf
There are 10 replies to this message
Re: Need advise on an easement issue digitekcable 6/18/2010 8:42:19 AM
Re: Need advise on an easement issue cableho 6/9/2010 8:55:30 PM
Re: Need advise on an easement issue CABLEDAWG2K 6/8/2010 9:41:22 AM
Re: Need advise on an easement issue oldlinedawg 6/2/2010 5:06:06 PM
Re: Need advise on an easement issue jbarm 6/2/2010 2:53:06 PM
Re: Need advise on an easement issue ellery 6/2/2010 12:29:17 PM
Re: Need advise on an easement issue MCT-40 6/1/2010 8:51:28 PM
Re: Need advise on an easement issue goodsky 6/1/2010 1:58:22 PM
Re: Need advise on an easement issue Rex Jones 6/1/2010 8:46:37 AM
Re: Need advise on an easement issue lazarust326 6/1/2010 3:59:26 AM