FHB Logo Facebook LinkedIn Email Pinterest Twitter X Instagram Tiktok YouTube Plus Icon Close Icon Navigation Search Icon Navigation Search Icon Arrow Down Icon Video Guide Icon Article Guide Icon Modal Close Icon Guide Search Icon Skip to content
Subscribe
Log In
  • How-To
  • Design
  • Tools & Materials
  • Restoration
  • Videos
  • Blogs
  • Forum
  • Magazine
  • Members
  • FHB House
  • Podcast
Log In

Discussion Forum

Discussion Forum

Easements for Power and Telephone Lines

constantin | Posted in General Discussion on June 3, 2005 09:04am

I have a question about laws and procedures in America that I hope someone is familar with.

From my (very cursory) reading of posts here, it is customary for power lines, telephone lines, and the like traversing your property to have easements if they don’t service your structures. It is my understanding that such easements should be written into the title of a property.

My MA property title has no such easement, and I have 200′ of 2″ DIA telephone wiring + some cable TV wiring serving the block behind me snaking through the sky, across the yard.

I am hoping that I can persuade the power and pole comission to either run in the wires underground (I’ll provide the conduit, ditch witch, etc.) or that they can move their trunk line to come into the block along with the power line.

Any insights would be appreciated.

Reply
  • X
  • facebook
  • linkedin
  • pinterest
  • email
  • add to favorites Log in or Sign up to save your favorite articles

Replies

  1. User avater
    BillHartmann | Jun 03, 2005 09:24pm | #1

    " It is my understanding that such easements should be written into the title of a property."

    First of all a real property does not have a "title" as such. The title is the sum of ALL recorded instruments at the Recorder of Deeds (or whatever it called in your area).

    What you are thinking about is the Deed, which is only used to transfer whatever rights that person has in the property. After it is recorded then the deed is worthless.

    In the past property title was proven by an abstract, which was a copy of all of the papers recorded against that property in the past.

    Now does it is done by a title search/insurance which list only those things that only appear to still be current.

    With my very limited experience easements are often not written on the deed, but rather incorporated as separately recorded documents.

    Your title search should have made reference to such documents.

    Depending on the age, etc, you deed may read something like Lots 22 and 23, except the nothern 20 ft of lot 23 in the 3rd resurey of the Jones Addition as recorded on plat map on page 256, book 192.

    Now that plat map might show the easement.

    Or there might be completely separate documents that cover the whole development and say easement for utilites in Jones ADdition, 3rd resurvey, as shown on map xxxx.

    Rots of Ruck on getting those burried and expect to pay BIG MONEY to have it done. And that is PLUS just puting in the conduit.

    1. Dave45 | Jun 04, 2005 04:47pm | #7

      Putting in conduit is just a small part of undergrounding utilities.  They would also have to pull in new cables and connect them to the existing cables.  Since they won't interrupt service to customers further down the line, they'll have to do a cutover to make the switch.  All in all, this is a pretty expensive proposition.

      1. User avater
        BillHartmann | Jun 04, 2005 05:06pm | #8

        I know, that is why I said that it would be expensive, even if he provided the conduit and trench.A 2" phone cable has more than a couple of pairs in it.

        1. Dave45 | Jun 04, 2005 07:10pm | #9

          Tell me about it. - lol

          I did telecom outside plant engineering for almost 10 yrs.

          1. User avater
            BillHartmann | Jun 04, 2005 07:14pm | #10

            You want to come over and fix my line?We had bad rains and the voice is completely out, but DSL is still up and running.

          2. Dave45 | Jun 05, 2005 04:31pm | #11

            I wouldn't have a clue about how to fix it.  My "expertise" was designing and building conduit systems - and getting the cables pulled in.  Everything after that was black magic and voodoo.

            I'm surprised that you lost voice but kept your DSL.  If I'm not mistaken, a DSL line is just a POTS pair with some kind of electronic do-hickies at the CO and your SNI that allow the pair to carry digital and voice signals.  If something takes out the pair, you would lose both...........I think. - lol

          3. User avater
            BillHartmann | Jun 05, 2005 06:04pm | #12

            I am and electrical engineer, but I don't know much of the details of DSL. One of these days I am going to get my scope out and look at the signals. But is does use high frequency tones. I think in the several 100 khz range. Now the high frequencies are easier to attenuate. In fact on the the basic requires is that you use a filter at each phone (or as I did install a splitter just past the SNI) so that the phone does not load down the DSL signal.But, just guessing, I think that is not affected by the unbalanced circuit (grounding of one side) like the voice is.

          4. Dave45 | Jun 05, 2005 08:37pm | #13

            Sounds good to me, Bill, but I'm a mechanical engineer.  How much of what you wrote is actually english?? - lol

          5. User avater
            BillHartmann | Jun 05, 2005 08:52pm | #14

            When I was in grad school I taught a class in electrical engineering for the non-EE's, but all of the ME's sleep through it <G>.

  2. DonK | Jun 03, 2005 10:51pm | #2

    On the legal end, the advise you were given is right. Easements (right to use the land) are mostly recorded separately from deeds (ownership of the land). The thing that is important is what was recorded with the local government - typically the county. Since these "rights" last forever, you need to see what the prior owners had agreed to. That's why it was recorded, so that everyone would know - forever - as long as they took time to look it up.

    The general rule is that if  no easement is recorded, they have no right to cross your property. Your title search would very likely show an easement; but not always. I've seen some where the utility easement was not picked up - especially if it served the house itself. Talk to the lawyer that represented you when you bought the property (You did have one, right?) and go over the title search.

    If the utility co. has an easment, then they can usually run their wires above ground or under, as they wish, unless there are restrictions in the document itself. Good luck getting them to change it. They want to see what they own, it's easier to service. 

  3. frenchy | Jun 04, 2005 03:07am | #3

    I have exactly that problem now, I checked and there is no easement for my neighbors powerlines across my property. yet I need to spend thousands getting a court order that I have almost no way to enforce..

     I go to court on July 5 for attempting to take matters in my own hands..

     Lawyers don't want to handle this because it's to petty unless I leave at least $2000 in  their trust account and promise to promptly keep it tothose levels.  Nobody yet has given me a cost to get things done.. just give the lawyers an open check book...

      PS there is a 1985  state law that says that all power lines need an easement but  the city ignores it, they claim everything is grandfathered in.. so first I fight city hall then I fight the neighbor and finally I get to fight with the power line company..

    1. OldHouseFan | Jun 04, 2005 03:26am | #4

      Have you looked into your state regulatory agency or public utility commission?

      I have the same situation because of where they put the pole for me and my neighbor due to a tree that is no longer there. I got a copy of the the utility's easement from when they granted the franchise and it is fairly specific.

      I'm just not going to fight the battle until I get my new service installed.  

  4. DanH | Jun 04, 2005 03:28am | #5

    Check with the local registrar of deeds or whatever (usually a county function). They should have the plat maps and associated papers that spell out the easements, assuming this is a "subdivided" area.

    Beyond that, most states have "adverse possession", meaning that if someone uses your property for NN years, it becomes theirs (or, in this case, the easement becomes theirs). This generally applies even if you just bought the property one day short of the time period -- what happened under the prior owner counts towards the NN years.

  5. stanleyj2 | Jun 04, 2005 03:04pm | #6

    Constantin:

    I am an engineering project manager for a telecommunications company in Kentucky and have many years of experience in matters such as yours. There are two things that you should look: (1) If your property is a parcel or lot in a subdivision, the utility easements were mostly likely granted and recorded on the original subdivision plat when the developer
    went to record with their plans. (2) If your property is not part of a subdivision and you purchased the property with visible utilities already in place, the utility companies will claim prescriptive rights to be were they are. (3) In Kentucky, the power utility companies can exercise eminent domain powers to remain where they are.

    If you want the utilities relocated, you will most likely have to pay the construction cost. Occasionally, if the utility companies have scheduled a replacement or upgrade project in your area they may alter their plans for aerial placement to place buried facilities at no cost to you.

    Stan

Log in or create an account to post a comment.

Sign up Log in

Become a member and get full access to FineHomebuilding.com

Video Shorts

Categories

  • Business
  • Code Questions
  • Construction Techniques
  • Energy, Heating & Insulation
  • General Discussion
  • Help/Work Wanted
  • Photo Gallery
  • Reader Classified
  • Tools for Home Building

Discussion Forum

Recent Posts and Replies

  • |
  • |
  • |
  • |
  • |
  • |
View More Create Post

Up Next

Video Shorts

Featured Story

Mortar for Old Masonry

Old masonry may look tough, but the wrong mortar can destroy it—here's how to choose the right mix for lasting repairs.

Featured Video

SawStop's Portable Tablesaw is Bigger and Better Than Before

The 10-in. Jobsite Saw PRO has a wider table, a new dust-control port, and a more versatile fence, along with the same reliable safety mechanism included in all SawStop tablesaws.

Related Stories

  • Fire-Resistant Landscaping and Home Design Details
  • A New Approach to Foundations
  • A Closer Look at Smart Water-Leak Detection Systems
  • Guest Suite With a Garden House

Highlights

Fine Homebuilding All Access
Fine Homebuilding Podcast
Tool Tech
Plus, get an extra 20% off with code GIFT20

"I have learned so much thanks to the searchable articles on the FHB website. I can confidently say that I expect to be a life-long subscriber." - M.K.

Get home building tips, offers, and expert advice in your inbox

Signing you up...

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
See all newsletters
See all newsletters

Fine Homebuilding Magazine

  • Issue 332 - July 2025
    • Custom Built-ins With Job-Site Tools
    • Fight House Fires Through Design
    • Making the Move to Multifamily
  • Issue 331 - June 2025
    • A More Resilient Roof
    • Tool Test: You Need a Drywall Sander
    • Ducted vs. Ductless Heat Pumps
  • Issue 330 - April/May 2025
    • Deck Details for Durability
    • FAQs on HPWHs
    • 10 Tips for a Long-Lasting Paint Job
  • Issue 329 - Feb/Mar 2025
    • Smart Foundation for a Small Addition
    • A Kominka Comes West
    • Making Small Kitchens Work
  • Issue 328 - Dec/Jan 2024
    • How a Pro Replaces Columns
    • Passive House 3.0
    • Tool Test: Compact Line Lasers

Fine Home Building

Newsletter Sign-up

  • Fine Homebuilding

    Home building tips, offers, and expert advice in your inbox.

  • Green Building Advisor

    Building science and energy efficiency advice, plus special offers, in your inbox.

  • Old House Journal

    Repair, renovation, and restoration tips, plus special offers, in your inbox.

Signing you up...

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
See all newsletters

Follow

  • Fine Homebuilding

    Dig into cutting-edge approaches and decades of proven solutions with total access to our experts and tradespeople.

    Start Free Trial Now
    • Facebook
    • Instagram
    • X
    • LinkedIn
  • GBA Prime

    Get instant access to the latest developments in green building, research, and reports from the field.

    Start Free Trial Now
    • Facebook
    • YouTube
  • Old House Journal

    Learn how to restore, repair, update, and decorate your home.

    Subscribe Now
    • Facebook
    • Instagram
    • X
  • Fine Homebuilding

    Dig into cutting-edge approaches and decades of proven solutions with total access to our experts and tradespeople.

    Start Free Trial Now
    • Facebook
    • Instagram
    • X
    • LinkedIn
  • GBA Prime

    Get instant access to the latest developments in green building, research, and reports from the field.

    Start Free Trial Now
    • Facebook
    • YouTube
  • Old House Journal

    Learn how to restore, repair, update, and decorate your home.

    Subscribe Now
    • Facebook
    • Instagram
    • X

Membership & Magazine

  • Online Archive
  • Start Free Trial
  • Magazine Subscription
  • Magazine Renewal
  • Gift a Subscription
  • Customer Support
  • Privacy Preferences
  • About
  • Contact
  • Advertise
  • Careers
  • Terms of Use
  • Site Map
  • Do not sell or share my information
  • Privacy Policy
  • Accessibility
  • California Privacy Rights

© 2025 Active Interest Media. All rights reserved.

Fine Homebuilding receives a commission for items purchased through links on this site, including Amazon Associates and other affiliate advertising programs.

  • Home Group
  • Antique Trader
  • Arts & Crafts Homes
  • Bank Note Reporter
  • Cabin Life
  • Cuisine at Home
  • Fine Gardening
  • Fine Woodworking
  • Green Building Advisor
  • Garden Gate
  • Horticulture
  • Keep Craft Alive
  • Log Home Living
  • Military Trader/Vehicles
  • Numismatic News
  • Numismaster
  • Old Cars Weekly
  • Old House Journal
  • Period Homes
  • Popular Woodworking
  • Script
  • ShopNotes
  • Sports Collectors Digest
  • Threads
  • Timber Home Living
  • Traditional Building
  • Woodsmith
  • World Coin News
  • Writer's Digest
Active Interest Media logo
X
X
This is a dialog window which overlays the main content of the page. The modal window is a 'site map' of the most critical areas of the site. Pressing the Escape (ESC) button will close the modal and bring you back to where you were on the page.

Main Menu

  • How-To
  • Design
  • Tools & Materials
  • Video
  • Blogs
  • Forum
  • Project Guides
  • Reader Projects
  • Magazine
  • Members
  • FHB House

Podcasts

  • FHB Podcast
  • ProTalk

Webinars

  • Upcoming and On-Demand

Podcasts

  • FHB Podcast
  • ProTalk

Webinars

  • Upcoming and On-Demand

Popular Topics

  • Kitchens
  • Business
  • Bedrooms
  • Roofs
  • Architecture and Design
  • Green Building
  • Decks
  • Framing
  • Safety
  • Remodeling
  • Bathrooms
  • Windows
  • Tilework
  • Ceilings
  • HVAC

Magazine

  • Current Issue
  • Past Issues
  • Magazine Index
  • Subscribe
  • Online Archive
  • Author Guidelines

All Access

  • Member Home
  • Start Free Trial
  • Gift Membership

Online Learning

  • Courses
  • Project Guides
  • Reader Projects
  • Podcast

More

  • FHB Ambassadors
  • FHB House
  • Customer Support

Account

  • Log In
  • Join

Newsletter

Get home building tips, offers, and expert advice in your inbox

Signing you up...

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
See all newsletters
See all newsletters

Follow

  • X
  • YouTube
  • instagram
  • facebook
  • pinterest
  • Tiktok

Join All Access

Become a member and get instant access to thousands of videos, how-tos, tool reviews, and design features.

Start Your Free Trial

Subscribe

FHB Magazine

Start your subscription today and save up to 70%

Subscribe

Enjoy unlimited access to Fine Homebuilding. Join Now

Already a member? Log in

We hope you’ve enjoyed your free articles. To keep reading, become a member today.

Get complete site access to expert advice, how-to videos, Code Check, and more, plus the print magazine.

Start your FREE trial

Already a member? Log in

Privacy Policy Update

We use cookies, pixels, script and other tracking technologies to analyze and improve our service, to improve and personalize content, and for advertising to you. We also share information about your use of our site with third-party social media, advertising and analytics partners. You can view our Privacy Policy here and our Terms of Use here.

Cookies

Analytics

These cookies help us track site metrics to improve our sites and provide a better user experience.

Advertising/Social Media

These cookies are used to serve advertisements aligned with your interests.

Essential

These cookies are required to provide basic functions like page navigation and access to secure areas of the website.

Delete My Data

Delete all cookies and associated data