Utility pole / Easment

[Wny Hunter]

Anybody ever have any experience with attempting to get a utility pole for electric service to your property with a problematic neighbor? Im located in NYS and am currently having an issue with getting the power company (national grid) in setting up a utility pole for my pole barn. In speaking with site manager , I was informed I needed an easement from the neighbor . The neighbor is drawing this out, going on three months now and I’ve come to the conclusion he prob isn’t going to sign it . My question is , do I have any other options as far as taking the property owner to court ? Just for some reference, this electric line is traveling along the road , not through the middle of the owner’s property. I’ve attached a pic for reference. The blue X is my property , the red X is the neighboring property . The red dot to the right is the last utility pole on the road , and the red dot to the left is where the electric company’s site manager wants to place the new pole to enable me to get power to my pole barn. The distance between the existing pole to the new one is 55 yards .

 

[Howboutthemdawgs]

I think I’m following the map. The utility companies have an easement along the roads. In my neck of the woods they ask us to get neighbors to sign easements as a courtesy but if they don’t they proceed anyway through the means they have at their disposal. I don’t believe a neighbor can you prevent you from getting power, they don’t hold that much power. Someone can correct me but I’ve never had a neighbor stop me from getting power to a job site.

 

[Wny Hunter]

It seemed like talking to the site manager , she explained it the same way (courtesy). But it does seem like she won’t move forward with the job till I get a signed easement . So I’m trying to figure out my options at this point .

 

[Kdog]

It looks like the road continues to your property where the utility company has easement rights. Like dawgs mentioned, the neighbor signing an easement right is simply a courtesy, not a requirement. Had a similar situation at my former property and the utility company simply moved forward without the neighbors consent. May be different where you are though.

You could stop by with a nice bottle of bourbon to help influence their decision.

 

[T-Max]

If they won’t move forward without a courtesy easement, then it’s not a courtesy it’s a requirement. Around here they wouldn’t hesitate to run that line down the road. Strange.


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[Whang_Bang]

I don’t see a clear need for the easement here based on your description. Maybe for a slight overhang or a guy anchor? There should be enough county ROW to work with or they can utilize other less desirable means of constructing the line extension to stay within the ROW. I’d reach back out to your site manager with national grid and tell them the easement with the neighbor isn’t working out and see what they say is next. Every state and every utility company is a little different.

 

[buckdeer1]

Find out from the township or whoever has the road if theres a utility easement which there most likely is unless the road is private and owned by your neighbor.Then if it was a easement that said for vehicle access only.If not and theres a utility easement they may want to go on private but don't have to.Is there a phone line running along road?If that doesn't work call her boss and then contact the state corporation commission.I will say most electric companies won't run line to a barn without you paying for it.Mine was going to be 15K to the barn or free if I built a house

 

[hunts_with_stick]

Find out from the township or whoever has the road if theres a utility easement which there most likely is unless the road is private and owned by your neighbor.Then if it was a easement that said for vehicle access only.If not and theres a utility easement they may want to go on private but don't have to.Is there a phone line running along road?If that doesn't work call her boss and then contact the state corporation commission.I will say most electric companies won't run line to a barn without you paying for it.Mine was going to be 15K to the barn or free if I built a house

How far to the barn?

 

[Native Hunter]

I worked in the electric utility industry for 46 years. The answer to your question depends on where this is located and the rules of the governing authority over the utility company. The governing authority is who you need to contact. This varies from state to state, and there can be more than one governing authority in a state. For instance, in KY it might be the Public Service Commission or TVA - depending on which utility it is.

And yes, I have witnessed times when a neighbor stopped someone from getting power. I don't know the details of how far the people pushed the issue or whether they just gave up, but I have seen it happen.

PS - Generally, along a road, a power company can find some way to stay on the road right-of-way without getting on the neighbor. There are non-conventional things they can do to make it work. They may not want to, but they generally can. If nothing else, it could probably be put in underground on the road right-of-way, but you would more than likely have to pay the difference between overhead and underground - which isn't going to be cheap. Best wishes.

 

[Buckly]

The only reason I can see is that if the line will bend at the last pole then they might need an easement for an anchor to hold the corner. I see no issues with a straight line extension.

 

[matinc]

Why not have a chat with the neighbors. I gotta believe they want compensation and that could be holding it up. They may also have a deed restriction have you read her deed at the courthouse. Where a gas pipeline could be an act 9 line. Power for a house may not fall under that jurisdiction. Another idea would be cross the road with Power and go to through the other neighbors and bring it back to you. But if your
a kamalaunism fan. Solar is the way to go why would you bother with all this. Lmaoff

 

[West_Fork]

The easement language in your property deed should cover water and utilities too, as well as a legal land description. You should not need a neighbor's permission since you already have an easement and access to the property. At least now you know who your neighbors are and can treat them accordingly.

 

[buckdeer1]

If you can drive all the way on a public R/W they can set poles on public easement.I was asking how far from public road is Barn on your property,was just wondering as they might try to charge you.That being said them saying you have to get easement is probably BS

 

[bigboreblr]

That power line could be private? We're talking the pink dotted line. Looks like he's getting power from the the road behind the property.

That could be his power line and not the power companys. Even if they're using 13.8kv on bare conductors and insulators vs insulated wire twisted onto supporting wire. Here in the catskills, there several places I know that have their private power lines to stuff way back. A coworker of mine used to put that stuff in a few times a month. Thought he didn't do that anymore.

Usual ROW is 15 feet from the side of the road IF I recall properly.

That an actual public road, or a shared driveway with an easment agreement.

Look at off the grid solar stups, you might be less moey than running significant poles if that dotted line is not the power companies.

 

[buckdeer1]

I think some states are different,in Kansas I have seen the property pins in the middle of road.This gravel and pavement.I have also seen them up right in pole line or hedge.You can usually ask township or county how wide the road is but you would need to know where pin is as the road can move over several feet from being maintained over the years.Most gravel roads I see are around 22 ft wide.If the electric line runs down public property it could be a private line but most of the time it would be on private property.Is the road actually public or did you get a easement to drive into your property?As far as solar,I just updated mine and need to call Backwoods back as my LED light are only staying on 15 minutes with 2 100 wat panels and 2 12V batteries.

 

[gjs4]

Lets just say "VERY SMALL WORLD".
Call the Public Service Commission and NG will react faster. Emails, not phone calls. Those managers have lots of things they're juggling and (no offense) your distribution pole is not a high priority.
As described the adjacent land owner would not be able to hold you up. I am a bit confused with what's happening as roads in wNY almost always have utility easements,

 

[b116757]

How long ago was the power brought to your neighbors property and did he pay to have it done you may have to split the cost with him if it’s been fairly recent this maybe the holdup. One of my coworkers ran into this situation his neighbor built a new house and crossed my coworkers property to get power to his new house it had only been a couple years since his neighbor had built his place and paid to have power brought in a mile or something well anyway he had to split the cost to the first guy not the entire amount but some of it. I do believe there is a time frame that after so many years this no longer applies but in this case it was only a couple years.

 

[bigboreblr]

I gave my neighbor an easment when then put a well too close to my driveway. You might need some sort of offering to tempt him to sign. 2024 filled with karens and PITA's.

One thing I forgot to mention is the poles, take a look at markings on them. Not sure ifthey're wtill putting the company who owns the pole on them anymore.

 

[Spike_Horn_Shooter]

I’m in NY and my power is NYSEG. Neighbor needed a power across from land. The lines run on my property, and NYSEG needed a brace pole out on my land, which I’m assuming was still in the ROW for the power company. I had to sign an easement - which I did promptly because I’m not a douch-bag. But anyways, if I was in your situation I’d go over to the neighbors with the contact and $500 cash and make an offer to the neighbor.

Yes $500 is a chunk of change, but it might get power quicker and will be cheaper and much faster than a lawyer and court. Consider it $500 to learn the neighbor is a douchbag. And you should avoid him at all costs.