Buying a new house is a dream come true, but many people overlook certain things when buying a house. One of the most overlooked thing is a utility pole within the property. Many people automatically assume that the pole is theirs however, this is not always the case. Below we unveil who owns the utility pole on your property and what you should be doing as a homeowner.
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Who Owns The Utility Pole On My Property
While the utility pole might be located on your property it doesn’t necessarily belong to you. In fact the utility pole belongs to the utility company. This means that the utility company has the right to make whatever changes they deem fit to that pole without having to seek permission from you. Whilst this might seem unfair, the utility company has the rights to do so and they can actually limit you from planting more trees on your house since they may be a risk to the utility pole. Below we look at the disadvantages of having a utility pole on your property.
Disadvantages Of Having A Utility Pole On Your Property
One of the disadvantages of having a utility pole is that your privacy is limited. This is mainly because the utility company can enter your yard at any time in order to make changes or top fix the pole. In most cases, the utility company does not inform you when the people will be coming to fix it so it can be a huge inconvenience to you.
Another downside of having a utility pole on your property is that they limit the amount of vegetation that you can plant on your yard especially when it comes to trees. This is mainly because trees pose as a great danger to trees therefore, they might cut some of your trees down if they interfere with the pole. If the utility company is fixing underground cables, they can end up tearing down vegetation in your backyard just to gain access to those cables and this can be so frustrating.
Restrictions On Physical Alterations
Having a property that has a utility pole can limit you from making physical alterations. For example if you want to build a swimming pool or to erect a fence, the utility company may prohibit you from doing so. This is mainly because these physical structures may interfere with the utility pole.
How To Determine Whether A Property Has a Utility Pole Before Buying
Knowing whether or not the property you are planning on purchasing has a utility pole is very important. In real estate, a utility pole siting on a property is known as a utility easement or just an easement. Here are a few things you can do in order to determine whether a property has an easement.
Hire Real Estate Attorney
If you want to find out whether the property you are purchasing has an easement the first thing you need to do is to hire a real estate attorney. This will make your job easier. The real estate attorney can do a bit of research to find out whether there is an easement on the property you wish to purchase.
Visit Your County Clerk Or Land Records Office
Another faster way of figuring out whether the property you want to purchase has a utility pole, is to visit your county land records office. They can check for you whether the current deed shows any utility easements. They might be also able to show you a copy of the survey of the property.
Contact Utility Company
If you are scared that the property might have a utility pole of some company you can always contact that company and confirm with them. However, there is a risk that the process might take too long and sometimes they may not be a liberty to give out such information.
Conduct A Title Search
Another great way of determining whether a property has a utility pole is to hire a company that specializes in doing tittle checks. They will investigate whether there are any easements on the property and they will also unveil other burdens on the property, if they are there.
Ask The Home Owner
If you have the contact details of the home owner, you can always ask them directly if there are any easements on the property. They are not allowed to lie to you as lying can be a serious crime for them.
How To Remove A Utility Pole From Your Property
As noted in this article, a utility pole has so many disadvantages and removing it from your property can be a good option for you. However, before beginning the process you need to know that the process is not as easy as it may seem and sometimes you might not win the case. Here are a few options you can use.
- File a lawsuit to contest the easement.
- If the easement has expired you can ask that it be removed.
- You can ask the owner of the easement to sign a release to the servient property holder thus removing the easement.
Who Is Responsible For The Power Cable?
The power company is responsible for the power cable in your yard. Therefore, if you face any challenges with it, you are supposed to call them so that they may fix it.
Can I Claim For Electric Pole On My Land?
Unfortunately, you cannot claim an electric pole on your land. This is because the pole belongs to the electric company and they have the right to do whatever they want with it. They can also enter your yard freely if they want to fix the pole.
The utility pole on your property is owned by the utility company therefore, you do not have any rights to remove it. It is important to always make check whether a property has easements before purchasing. This will help to ensure that you have full ownership to everything within your property.