Legal Question in Real Estate Law in Arizona
The Arizona power company has an anchoring cable that runs from the pole to my front yard and the mechanism is buried into the ground in front of my front porch. I have researched title and they have no easement for this cable. It is a trip hazard for me and obstructs my plans for an addition to my house. I am entitled to compensation for the lack of an easement and can I insist that APS moves the cable.
1 Answer from Attorneys
There may be an easement for the cable and pole that exists in your subdivision plat. Such an easement would not show up on county records as a separate document. However, assuming there is no easement, you may be entitled to compensation or to sue for trespass. Alternatively, the cable may have been there long enough that the power company has obtained a de facto easement through the cable's continued existence without your objection.
Based on the information you've provided, I cannot provide you a definitive answer. I believe it is worth additional research, especially if you plan to add on to your home and this cable will prevent that from occurring. If you would like to discuss in more detail, I would be happy to speak with you.
-Riley Snow
(480) 477-6311
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