Legal Question in Real Estate Law in California
Is a power/electric company allowed to destroy property when there is a pole located on property in California. Basically, does the easement law protect an electric company from paying for damage done to property when servicing their utility poles?
2 Answers from Attorneys
No, they cannot destroy or damage property on the servient tenement, but it may allow them to do things that you might consider damage that are a legitimate exercise of the easement, such as topping, trimming or removing vegitation. More facts would be needed to give you any better answer than that.
Mr. McCormick is right in that more facts would be needed to provide a good answer. I know the power companies have easements to maintain their power lines, and state law provides that they must prune trees around the power lines. It is inappropriate for private parties or their gardeners to do this, and is actually prohibited by state law. Misuse of an easement is also a trespass, but I would have to know the exact language of the easement, and what happened to provide a definitive answer.