Home owner question about allowing access

[Redemptionman]

Jurisdiction

Mississippi

Question regarding easement and access across property. If you own a property and someone wants to run crappy T1 internet service by boring under your driveway do you have to allow it? There are multiple access points to the service location that is requesting service that does not go through our yard. We have 3k worth of landscape work that is potentially in the way of the people who want to burrow through the yard. How can you ask them politely that they use another easement to run their crappy internet to a neighbor. I actually believe the neighbor did this on purpose. Nice neighborhood which use to be nicer but they run a kennel business out of their house with a temporary structure which is a violation of the original covenants for the neighborhood. The town does not have any animal control or we would have done turned them in.

We have fiber ran to our house but a local ex telephone company runs crappy t1 service to our neighborhood. They have access north and east of our location so I do not understand why they would fill it necessary to run their crappy service under our driveway and through our yard potentially ruining a 700 dollar tree. What options do we have to stop this, I ran off the utility marker person as they were marking dangerously close to the tree.

What options do we have to keep them from potentially destroying our yard?

 

[army judge]

Question regarding easement and access across property. If you own a property and someone wants to run crappy T1 internet service by boring under your driveway do you have to allow it?

Of course not, you have the ability to say, "Thanks, I'm uninterested in allowing you to have an easement on my property".

What options do we have to keep them from potentially destroying our yard?

The obvious answer is simply AVOID all contact with the potential interloper.

You have no legal duty to answer questions or become involved in negotiations surrounding the real property you own.

 

[Redemptionman]

* they have other easements in which to provide access to that house, and going through my yard is only one of them. I would ask that they use the other easements or not run their crappy internet through my yard.

 

[welkin]

Despite what the Judge posted I assume the utility company already has a granted easement. If they do the terms of what they can do on your property is already established.

I suggest you ask for the a copy of the easement grant. You may not be able to stop the installation. But you can always ask.

 

[army judge]

Despite what the Judge posted I assume the utility company already has a granted easement. If they do the terms of what they can do on your property is already established

Exception noted.

I agree, that if SOMEONE (usually utility companies) has already established an easement which allows access across your property, there is nothing the property owner can do to prevent access.

I would note, however, many of those easements were granted during the late 19th and early through the middle 20th centuries. Why is that important to know? What is being discussed today hadn't been invented over 100 years ago.

As with most of these queries we receive, the devil is always in the details.

A MS attorney has created an excellent discussion of MS easements:

Easements and Mississippi Real Estate Law | Rushing & Guice

An even better discussion about MS easements and right of ways:

A Guide to Land Right Of Way and Easements - Mississippi Landsource

 

[adjusterjack]

If you own a property and someone wants to run crappy T1 internet service by boring under your driveway do you have to allow it?

There probably already is a utility easement. You can confirm that by checking the county plat maps. If yes, then you'll ultimately have no choice. If you end up in court, the court will rule against you and you'll have spent litigation money for naught.

* they have other easements in which to provide access to that house, and going through my yard is only one of them. I would ask that they use the other easements or not run their crappy internet through my yard.

Well, did you ask?

With what result?

potentially ruining a 700 dollar tree.

Here's the good news. Those horizontal borers don't harm anything.

I've had that done at a former home of mine. The cable company bored under a 50" row of mature privets. No digging, no mess, no harm came to any of the privets.

I do agree, however, that you should verify the easement before allowing it.

 

[Redemptionman]

Hope so it is a weird situation for sure, I will watch and see where they will drill it at but I am not thrilled they are going to bore through my yard especially for a low price crap tastic internet service that I am sure is down as much as it is up.

 

[retic]

I ran off the utility marker person as they were marking dangerously close to the tree.

If the person marking off the utilities was putting in flags or spraying lines close to the tree, it means there is already a buried utility there, which means there is likely already an easement there.

I just had my property marked for an upgrade. The markings didn't show the easements, just what was actually under the ground. After the utility was installed (upgraded fiber) you couldn't even tell there was work done.

 

[Redemptionman]

If the person marking off the utilities was putting in flags or spraying lines close to the tree, it means there is already a buried utility there, which means there is likely already an easement there.

I just had my property marked for an upgrade. The markings didn't show the easements, just what was actually under the ground. After the utility was installed (upgraded fiber) you couldn't even tell there was work done.

uh yeah, these lines are pretty close together and they are going to screw something up.

Pretty much guaranteed. There is already fiber down and we have that but there is another joke of a company running a hybrid dsl/ fiber product which is like 40 bucks per month cheaper and that is what they are running.