Legal Question in Real Estate Law in California

Can I demand the Utility company (PG&E) provide a copy of their subcontractor's insurance and liability before I allow the subcontractor on my property to trim trees near the power line? Only one of the persons who showed up, unannounced, on my property could speak English. I suspect they are all illegal and do not want the liability of them on my property. What can I Iegally demand from PG&E or the subcontractor? California property location


Asked on 2/24/10, 12:52 pm

3 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

I would even go beyond that and have an attorney document it properly, and address several legal issues. That way, even if they go on your property without your permission, you have done what you can to protect yourself. Let me know if you need such a quick letter.

Best,

Daniel Bakondi Esq.

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

Daniel Bakondi, Esq. [email protected] 415-450-0424

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Answered on 3/01/10, 1:00 pm
James R. Arnold The Arnold Law Practice

The utility company generally has a license or easement across property for electrical and gas services (as do the telephone, sewage, water, etc., providers). You probably only need to satisfy yourself that they have authorization from PG&E in order to protect yourself from liability. Also, keep in mind that trees that you have on your property are also your responsibility for keeping trimmed and not providing a hazard. Finally, you do have a right to insist on safe practices and reasonable non-interference with your use of your property.

Keep in mind that the courts see similar cases often. There is fairly recent law about (a) non-liability of property owners for injuries to contractors' employees, (b) power lines and injuries to kids, and (c) radiation interference with property owners.

For more specific answers, you will need to look at your own property documents and discuss the specific facts with a real estate attorney.

Good luck. This can be a significant aggravation to any property owner.

Jim Arnold

www.arnoldlp.com

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Answered on 3/01/10, 1:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Arnold. Further, I'd say that PG&E is now and has been for quite some time VERY unwilling to place its power lines on property where it is not the owner, or the holder of a clear and certain easement giving it the right (as well as the duty) to enter to perform maintenance and inspection, which probably includes spraying weeds, injecting wooden poles with borate preservatives, and trimming trees.

After some disasterous fires a few years ago, the legislature, regulators and/or the courts came down pretty hard on PG&E for creating and failing to monitor fire hazards along its power lines, and as a response, the company is much more aggressive about trimming trees than before, properly figuring that it better do so, or else!

So, I'd start out with the premise that PG&E is doing things it has both a right and a duty to do. Whether the specific people out there are authorized, hired, contracted, etc., can you imagine a bunch of undocumented aliens would be out there with a big boom truck, chipper, saws, etc. doing this kind of work if the were NOT hired, contracted, or whatever by PG&E?

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Answered on 3/01/10, 4:45 pm


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