A neighbor’s dead tree fell on my rental property. An individual is only allowed to trim a neighbor’s tree up to the property line. When I was not there to prevent it, the neighbor came onto my rental property and took the cut wood and is now claiming she will press charges for trespassing if we attempt to reclaim this wood. Just a question because if the neighbor benefits then maybe I can talk to him about splitting costs. When people identify downed lines or trees touching power lines and act wisely, it minimizes the risk from trees contacting power lines. It’s important to note that property owners may also have some responsibility for trimming trees. Electric utilities are responsible for trimming trees near power lines. Utilities can place power lines, cable television, or internet fibre underground or overhead, but one thing is certain—to reach all of the necessary homes and businesses, these lines must often cross over (or under) many private properties. A new power line construction project can have impacts on many different property owners in surprising ways. Legally, this is a civil matter between the property owners. Stay civil. If you want to trim overhanging branches of your neighbor’s tree, it is always best to ask for permission out of respect, even though you don’t really need it. Both properties were sold off separately. Overhanging Branches on Your Property. Imagine the scenario where you own land and have a tree near the property line. Why are easements necessary? A classic example of a utility easement is an easement which allows the power company to run electrical lines along a property, and to install utility poles for support where needed. The drop line is the line that runs from the main line to your house. The only complaint you can legally lodge against PG&E for this type of conduct is a complaint for negligence. Neighbor's Trees. In a rural electric coop, you are most likely a "member" of the coop and your membership is subject to an agreement you accepted at some point. Landowners need to be aware of these special situations and of which fence law is in place in counties where they own land. I need to have the wire rerun so it does not traverse over my yard If they do not have an easement they do not have the right to run the lines over your property. My tenant and I spent several hours cutting this dead wood into manageable pieces. Water discharge has neighbors worried that wells on their property are being depleted during power line undergrounding project By Rob Nikolewski June 28, 2021 10:24 AM PT If you discover possible trespassing, a homeless encampment, trash dumping or even excess vegetation growth on PG&E-owned property, please use the Land Request Form to … Power lines: Utility companies will sometimes get involved if a tree is a danger to their lines or poles, regardless of who owns the tree. When a power line crosses through one property to serve another, an easement should be in place. Some of the older communities have a power line that runs directly on the back or side fence line, which power is run from the house to that line. You need to determine if they have an easement. Step 1. If the trunk of the tree on your neighbors' property, they own it, no matter how much of the canopy overhangs the property line. A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion of a house. Members of … I’ve seen several mutual acquiescence cases recently, for no apparent reason. We have one that just just outside the fence line, but it causes a 16 ft easement. The power line run across the property (not next to it but across). A few meters from the house Yes, run a mile from it. I looked at a property near Dapto on the NSW south coast a few years back, and it was listed by the agent in the local paper. In other words, one boundary of the parcel and the right-of-way line have to lie on top of one another, at least for a part of the distances of the boundary and right-of-way lines. Easements are more commonly granted to utility companies, such as telephone or electrical companies to run cable and power lines. However, it is not uncommon to find that a utility line has been placed on someone's property without the procurement of a property easement beforehand. The branches my only be cut back the owner's property line and cannot threaten the health of the tree. Photo 1 & 3 use the same hyperlink (same photo). You call comcast and tell them the same. If the pole to pole service lines don't terminate at the illustrated post it's only about $600 to get Hydro to come out and move the lines to a mid wire drop (assuming your neighbour doesn't have a post on their property). https://info.legalzoom.com/article/property-owners-rights-and-utility-easements That said, what caused the tree to fall and damage your house or property impacts whether or not your homeowners policy covers it. Also, a tree falling on the street would generally not be covered unless it blocked your driveway. The length of the underground lines would be approx. Under Texas law, even if your neighbor has the right to allow his tree limbs to hang over your property, you have the right to trim the leaves, and even cut the branches, if they pose a danger to your property or block your sunlight.Be careful here, though. Overhead power lines Always plant trees at least 15 feet away from the power lines. One of the most common questions we receive on property line or easement related question is who is a responsible for trees on a property line. Must the encroachment over the boundary line be removed or may it legally remain in place? Like any good neighbor, we strive to keep our property in good condition and comply with local codes where applicable. Re: Running Power Lines Through My Property to Service a Neighbor. If the power line is off your property, most utility companies will take care of the damage. underground power lines and substations. Stated otherwise, when a person or entity is granted an easement, only the legal right to use the property is granted, but title to the land is still retained by the owner. However, you should make sure the utility company does not have an implied easement or an easement by prescriptive use. So they wanted over $30k to install, to have an easement, and to … However, since property line laws differ by state, the outcome of the dispute often depends on the location of the property. In total there is probably 100 feet of cable crossing our property in direct line of … If you have nearby neighbors… The NC Eminent Domain Law Firm, a division of the Law Offices of James Scott Farrin, is headquartered in Durham, North Carolina. Because it is a new unit, city code apparently requires the power line to instead be placed underground now. Perhaps the … Ordinarily, you have the right to trim back invading branches and roots up to your property line. I have overhead power and my pole is right in the corner of the property, and I mean inches within the corner so even if my power line cam across the front of my neighbours property it would not even enter their space. Overhanging branches, invasive root systems, and falling debris can all cause tension with your neighbors. Orange conduit most likely is power however white conduit maybe communications (telephone line) and black is of course the garden bed watering system. The good news is that all it takes to get these corrected is a call to the utility company. SKIN OF HER TEETH. Depending on how long the water line has been in use, there could even be a prescriptive easement of some sort. It holds this right for your own safety and to allow staff to work on the power lines at all times. He may not enter the neighbor’s property to trim or destroy the tree. All this was done without my permission. Compare that with the … Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. My neighbors have built a new residential unit. I figured that they would come and trim the limbs back from the line, done deal. Bassin v. Fairley, 22 LCR 251 (11 MISC 451773) (Land Court, 2014) Where a healthy tree straddles the property line, the property owners "each hold title to a portion of [the tree], and thus neither can take any action against their portion of [the tree] that would injure [the tree] as a whole." Simply … I have a 4 ft section for decoration with 1 end of the fence 3 inches back from the property line and the other pist is on the property line, because the property line is on an angle and I don’t want it to look crooked from the road. This sometimes requires us to prune or remove trees even if they are located on private property. (See Chapter 4). Often, 6 feet is the maximum height anywhere on the property, except for: Within 15 feet of a street line or street curb. In addition, Missouri law addresses special situations of property bordering a road, a railroad or a body of water. The combination of high winds and Georgia pine trees can lead to a serious disaster. A right of way is a type of easement or agreement that grants a utility the right to use, access or transit a piece of property according to the terms of the easement. Sometimes neighbors share utility spaces underneath their properties, and it’s not always a welcomed realization. My neighbor had their property surveyed and are being really petty. They have to redo it on their own land. Fence Height Rules. If there wasn't anything registered on your Title previously and you haven't been approached with paperwork, then that legal document does not exist. If I install a transformer pole on my property does the neighbor get to run wire from this pole if they choose to build near it? (See articles on "Neighbors and Trees" for more on this.) Easements also exist for telephone lines, water and sewage mains and natural gas supply lines. You may be told while you are looking at parcels of vacant land that there … See an attorney and try to work something out with your neighbor, as cases of this sort will drag on longer than you may expect given the number of issues at play. • Threatens pedestrians or is blocking the flow of traffic. A property line is the border between two pieces of real estate. Don’t use this disagreement to vent months or years of anger at your neighbor. Alabama Power schedules periodic vegetation maintenance along power lines to minimize outages caused by trees in or near transmission and distribution rights of way. Anyway, it's definitely sitting on my power line (from the main line to my house) so i emailed the power company, letting them know. Be sure to say “HAZARDOUS DROP LINE” They will respond within 24-48 hours of your call. When these problems occur, the matter may go to court. My neighbor's tree limbs are growing over my property line - can I prune these limbs? Utilities can place power lines, cable television, or internet fibre underground or overhead, but one thing is certain—to reach all of the necessary homes and businesses, these lines must often cross over (or under) many private properties. MARSHALL — Neighbors of a power line that runs along part of Lyon County Road 8 voiced objections to a plan to rebuild the line closer to their property. If you smell smoke or see sparks or flames, call 911 immediately. You can make a stink and force them to relocate the line (and it's going to cost a lot to do). Easement holders don't become owners … Here's the scoop: A few days ago we noticed there was a new cable running from the utility pole in front of our house diagonally across our property to my neighbor's house. When it got to be more than 30 feet tall, I sent the photos and the zoning officer said that since I was now the owner of bamboo and the ordinance said it was … An easement is a right of access that has been agreed-upon by the property owner, in writing, or mandated by a government decision. The wires would have been run when the steading was in the same ownership as the neighbours. Once you’re safely out of danger, check to see if the tree knocked down any power lines. … It would be unusual for a utility to run power lines without such an easement. They are required to do so by the National Electrical Safety Code (NESC) which has been adopted in most states. Surely if it was done by the electric company then there would be protocol to follow. Aside from having to get permission, the investor also had to give 15 feet of right-away on either side of the property. … They also have buried power lines through our property with a transformer that sots right in the middle of the .6 parcel. Many homeowners have underground or overhead power lines running through their properties. It holds this right for your own safety and to allow staff to work on the power lines at all times. He did face one issue when connecting to the local power company: he needed permission from his neighbors to install a power pole and line. 2. that all is of course with the premise there is no easement already. You are responsible for the cost of cutting any branches you choose to trim. A lot of people call us and say, hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we’ll give it to them. I think AS3000 states 500mm to the top of the cable so in theory in a 600mm trench. The utility has the right to use a strip of land for the lines, and to enter the land for maintenance and repair of the lines." also, there needs to be an easement granted for the airspace from the pole to your property line for the neighbors lines … When I was not there to prevent it, the neighbor came onto my rental property and took the cut wood and is now claiming she will press charges for trespassing if we attempt to reclaim this wood. 75m. Under Florida law, a neighbor may trim the branches of neighbor's tree if the branches extend past the property line. Call 911 and the Electric Utility Company if the Tree Interfered With Power Lines. Regardless of easement, the utility provides a public service and is required by law to provide electricity to everyone. If they have the easement they have the right to run the lines over your property. Also, the neighbor has no liability for roots growing into your yard and causing damage. Even though a tree may be planted by your neighbors well within their property lines, over time as that tree grows, the branches can extend beyond their property line and into your yard. My zoning officer told me to let the neighbor's bamboo spread on my property and take photos to send to him. Bassin v. Fairley, 22 LCR 251 (11 MISC 451773) (Land Court, 2014) Where a healthy tree straddles the property line, the property owners "each hold title to a portion of [the tree], and thus neither can take any action against their portion of [the tree] that would injure [the tree] as a whole." 2 – Call 9-1-1 or Respective Emergency Services, to report the incident if your neighbor’s tree: • Inflicted any injuries or caused any fatalities. drop line. Must the encroachment over the boundary line be removed or may it legally remain in place? Trees Along Property Lines. Around here it would cost your neighbour to move the line. If the trunk of the tree is directly on the property line (a "boundary tree"), both you and your neighbors jointly own the tree. We also depend on help from the public. For instance, if there is an electric line that runs through your property, you cannot take it down. I also have the same issue with a BT line, but I haven’t got a quote from them yet – again no wayleave. In the case of the exceptions noted above, the fence can be no higher than 3 1/2 to 4 feet. her neighbor’s tree to the property line if the branches extend beyond that line — even if a border line tree is not causing damage to his/her neighbor’s property. In the front yard. The property rights an easement allows depends on the rules of your specific easement. Prior to any action occurring neighbors are encouraged to interact and discuss their concerns. The existence of utility easements across your property (and your neighbor's) can sometimes even be an advantage. A power pole owned by the electric company is planted in my backyard which supports overhead power lines to their original house. When traffic sight distances are impaired. Depending on the size of your backyard it cold limit your oppurtunity to build or put in a pool. However, if you significantly harm or kill the tree, you may be liable for damaging your neighbor's … The median amount paid by insurance companies for settled tree claims was $4,110. Easements also exist for telephone lines, water and sewage mains and natural gas supply lines. Luckily, one neighbor was okay with the installation, but the other was not. Property boundaries are very important when it comes to the use of land, and even a small encroachment by your neighbor onto your land may result in consequences that you cannot foresee. Always call 8-1-1 before digging in your yard to avoid buried utility lines. Otherwise power can fail and/or things like gas lines can blow up. Tree Limb in Power Lines at 3618 Annear St Ames, IA, 50014, USA: There is a tree limb from on of the shared trees b/n along the back property line that is overhanging (not touching) the power lines by about 10ft.
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