Utility company right of way issue

[marie07]

What is the name of your state (only U.S. law)? WV, we bought a piece of property in subdivision and are trying to build a house. The deed states right of ways for utility companies are five feet on each side of property and 10 feet across back of property. The problem is there is a telephone line buried(all underground utilities) 8 feet from the property line and not in the right of way. The line is in the way of where we need to dig. The telephone company is saying that we must pay for the line to be moved to the tune of 5 grand. My questions is, shouldn't the phone company incur the cost since they are not in the right of way? I have already called the public service commission and they said they cannot inforce right of way issues. I don't know where else to turn. Any advice?

 

[justalayman]

you have had a survey done to verify where the property line is and the easements, correct? If not, you will have to have one before you can do anything.


does the phone company accept or admit to the fact the line involved is not within any granted ROW/easement?

 

[marie07]

you have had a survey done to verify where the property line is and the easements, correct? If not, you will have to have one before you can do anything.


does the phone company accept or admit to the fact the line involved is not within any granted ROW/easement?

The property has been surveyed, the original deed shows that right of way is 5 ft from property line. We just went to the lot and measured and the phone cabel is actually 13ft into our property, so they are 8ft out of right of way. They do admitt that the line is not in the right of way, but still are insisting that the consumer incurs the cost to move it. This is messing up where we are planning to dig for foundation.

 

[LdiJ]

The property has been surveyed, the original deed shows that right of way is 5 ft from property line. We just went to the lot and measured and the phone cabel is actually 13ft into our property, so they are 8ft out of right of way. They do admitt that the line is not in the right of way, but still are insisting that the consumer incurs the cost to move it. This is messing up where we are planning to dig for foundation.

Then you are probably going to have to sue them.

 

[justalayman]

go up the chain of personnel if you can. They do not have a right to make you pay to remove a cable from outside of the area they are legally entitled to be without some valid justification. I'm actually surprised your PSC blew you off as they did. I would think they do have a rule concerning a telephone company bullying a consumer such as this.

I would call them back and try again. For fun, I would also call the attorney general's office and see if maybe they have a consumer protection department that actually cares about the consumers of the state.

That's about all I got short of hiring a lawyer and heading to court to seek injunctive relief from the courts ordering them to move the line.



Now, I am not actually suggesting this (well, sort of) but I would tell them I am going to begin excavation. I am not going to pay to have their line that is outside where it is lawfully allowed to be moved. If they want to move it before I start digging, they have until [date]


Actually, I'm the kind of guy that would dig after that as well but I seriously am not suggesting you do that. If you are in the wrong, it could cost a lot of money.


are you digging something that you could work around the telephone line?

 

[marie07]

go up the chain of personnel if you can. They do not have a right to make you pay to remove a cable from outside of the area they are legally entitled to be without some valid justification. I'm actually surprised your PSC blew you off as they did. I would think they do have a rule concerning a telephone company bullying a consumer such as this.

I would call them back and try again. For fun, I would also call the attorney general's office and see if maybe they have a consumer protection department that actually cares about the consumers of the state.

That's about all I got short of hiring a lawyer and heading to court to seek injunctive relief from the courts ordering them to move the line.



Now, I am not actually suggesting this (well, sort of) but I would tell them I am going to begin excavation. I am not going to pay to have their line that is outside where it is lawfully allowed to be moved. If they want to move it before I start digging, they have until [date]


Actually, I'm the kind of guy that would dig after that as well but I seriously am not suggesting you do that. If you are in the wrong, it could cost a lot of money.


are you digging something that you could work around the telephone line?

thank you for your replies. Great suggestion on calling attorney general, I will do that tomorrow. We are wanting to dig for a foundation for a garage and it is right where the footer needs to be.

 

[justalayman]

Have you spoken with your builder or the excavating company to see if they could not just move it? Construction companies do a lot of things. I would suggest at least asking them about it, at least enough so it is out of your way.

 

[marie07]

Have you spoken with your builder or the excavating company to see if they could not just move it? Construction companies do a lot of things. I would suggest at least asking them about it, at least enough so it is out of your way.

I do not think they are allowed to dig it up and move it, not to mention I do not want to pay for it to be moved.

 

[justalayman]

I do not think they are allowed to dig it up and move it, not to mention I do not want to pay for it to be moved.

not allowed? Well, if it is in the way, they move it. That is what that big bucket is for.


Seriously, I am involved with construction and seeing a phone cable moved would be a very minor concern in many circumstances. As to paying to move it: you are already digging it up; no extra pay involved. Those things are moderately flexible. He just digs until he finds it, digs a bit more for room and snakes it out of the way. While it won't be moved all the way back into the easement, as long as it is out of the way to pour your foundation, that's all that is needed for the moment. It's worth a shot to ask the digger. The worst they can say is no.


Oh, and with what the PSC told you. This is not a right of way issue. It is a trespass issue. There presence outside of the easement is a trespass. Maybe the rephrasing of the issue might perk their ears up.

 

[NC Aggie]

I'm a bit surprised at the utility's company response to this because most reputable ones would avoid any type of letigations if they're clearly in the wrong. I do have a few additional follow up questions though. So you say they're 13 feet inside your property line? That seems like an awful lot and not just a simple screw up by the utility company. Does your property line run to the center of roadway with right of way shown within your property boundary or does your boundary survey show your property boundary to shoulder of roadway and right of way from shoulder to shoulder? Also, the utility line that is on your property, do you know if it's a main trunk line or is it just a service line for your property? Also, were the utility lines installed prior to the survey of the properties/development being recorded? I only ask all these questions because it seems unreasonable and unlikely that the utility company would make you responsible for their screw up and maybe their position is that they're not responsible or in the wrong.