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Electric Utility blocking access to property

Discussion in 'Easements & Right of Way Law' started by BobJones, Jan 7, 2019.

  1. Jan 7, 2019 #1
    BobJones

    BobJones Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    I own a piece of undeveloped residential property. It was subdivided prior to my purchasing it, most likely by prior developers who I acquired it from and who went bankrupt during housing down turn in the last decade. My property is not on the street and has an 18' foot wide access to the street. There is an electrical power pole on the property boundary and the poles guy wires come down in the middle of my access, thus blocking my access. The wires are in the the right of way but obviously blocking my access to the property is a problem. The guy wires do make it impossible for a vehicle to access the property. Is it clear who would be responsible for the cost of correcting this? Thank you.
     
    BobJones, Jan 7, 2019
    BobJones, Jan 7, 2019
    #1
  2. Jan 7, 2019 #2
    zddoodah

    zddoodah Well-Known Member

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    Subject to what the relevant documents say, I think the answer is yes.
     
    zddoodah, Jan 7, 2019
    zddoodah, Jan 7, 2019
    #2
  3. Jan 7, 2019 #3
    BobJones

    BobJones Law Topic Starter New Member

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    What documents would I be looking for? And would it be me or the utility that is responsible for the cost?
     
    BobJones, Jan 7, 2019
    BobJones, Jan 7, 2019
    #3
  4. Jan 7, 2019 #4
    army judge

    army judge Super Moderator

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    Most of the property people think they own across the USA the mineral rights, water rights, and easements with access for utility companies (and other entities) permit what you've discovered on your property.

    You can start your investigation of any such LEGAL encumbrances by looking at your deed, or visiting any nearby title insurance agency (BETTER YET, a local real estate attorney) for a quick answer if you're plagued by any of these annoyances.

    Title Insurance - 6 Questions Every Homebuyer Must Ask | Bankrate.com
     
    army judge, Jan 7, 2019
    army judge, Jan 7, 2019
    #4
  5. Jan 7, 2019 #5
    mightymoose

    mightymoose Moderator

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    You might also consider relocating the easement rather than the pole or wires, since that can be done with paperwork.
    Could your easement be easily shifted left, right, or otherwise easily relocated?
     
    mightymoose, Jan 7, 2019
    mightymoose, Jan 7, 2019
    #5
  6. Jan 7, 2019 #6
    BobJones

    BobJones Law Topic Starter New Member

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    I guess I didn't make the situation clear. I own a lot. That lot is not on the road but has an 18' wide piece of land that is 180' long where my driveway will go. It connects the main part of my lot to the road and is my only access to the road. In the utility easement the power company has guy wires that completely block my access.
     
    BobJones, Jan 7, 2019
    BobJones, Jan 7, 2019
    #6
  7. Jan 7, 2019 #7
    army judge

    army judge Super Moderator

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    Thank you, because that is exactly what I read in your original post.

    The quickest way to determine your options and remedies to meet with two or three real estate attorneys.

    The initial consultation is normally offered at no charge or further obligation.

    You'll learn a great deal in 30 minutes, if you select the right attorneys for the consultation.

    You'll also discover what your legal remedies are, and how best to pursue them.
     
    army judge, Jan 7, 2019
    army judge, Jan 7, 2019
    #7
  8. Jan 7, 2019 #8
    BobJones

    BobJones Law Topic Starter New Member

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    Thanks army judge. I guess there is no simple answer then, and I'll consult an attorney.
     
    BobJones, Jan 7, 2019
    BobJones, Jan 7, 2019
    #8
  9. Jan 7, 2019 #9
    adjusterjack

    adjusterjack Super Moderator

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    I suggest that you first call the corporate heads of the utility company and bring this to their attention. If that doesn't get results, then engage an attorney.
     
    adjusterjack, Jan 7, 2019
    adjusterjack, Jan 7, 2019
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  10. Jan 7, 2019 #10
    army judge

    army judge Super Moderator

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    You're welcome, please let us know what you learn as this progresses.

    You might find what these AZ licensed attorneys (also a county bar association) have to say about "PUEs" or "Public Utility Easements":

    EASEMENTS: Does Your Land Really Belong To You? - Arizona School of Real Estate and Business

    Easements and Rights of Way (Arizona)

    Arizona Easement Law — Harper Law PLC

    What is an Easement in Real Estate? - LRS Blog

    Easements may give rise to Arizona real estate disputes | Faith, Ledyard & Faith, PLC
     
    army judge, Jan 7, 2019
    army judge, Jan 7, 2019
    #10
  11. Jan 7, 2019 #11
    zddoodah

    zddoodah Well-Known Member

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    All of the property deeds and whatever documents were used to create the easement. Also, any separate agreements between the easement holder (including its predecessor(s) in interest) and you or your predecessor(s) in interest.

    Subject to what the documents say, probably the utility company.
     
    zddoodah, Jan 7, 2019
    zddoodah, Jan 7, 2019
    #11
  12. Jan 8, 2019 #12
    BobJones

    BobJones Law Topic Starter New Member

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    Thank you. I've spoken with two attorney's offices now. Since neither offered free initial consultation I'm going to pursue escalating the issue with the utility company first. I'll look around for more attorneys's in the meantime.
     
    BobJones, Jan 8, 2019
    BobJones, Jan 8, 2019
    #12

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