Legal Question in Real Estate Law in California

Re: Real estate encroachment?

I have experience litigating easements, property line disputes, encroachments, etc. I think technically this may be a trespass. (yes, even if it doesn't touch the ground) I would need to know details on the supposed easement, the history of the property and the line, and review codes related to electrical power. I imagine you may have some legal remedy. You may contact my office if interested in hiring an attorney.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Re: Real estate encroachment?

One of the first things you have to determine is whether the placement and maintenance of the cable is utility or customer responsibility at the point in question. Probably utility, but not necessarily; and this is the first question to ask the utility (or an electrical contractor retained by you to find out the answer). In my experience, utilities (PG&E) are very cautious about not installing their poles, crossarms, transformers, guy wires and power lines outside their easements.

Then, once you are certain it is a utility problem, start in the local command structure and work up until you find someone who will discuss the issue with you, in person, and intelligently.

Only if this fails to produce a result would I hire a lawyer and consider a suit for trespass.

If you find out it's the neighbor's responsibility, not the utility's, and I think this is about a 20% chance (maybe higher if you're out in the country), you'll know which tree to bark up.

Note that in addition to issues of whose property the cable hangs over, there may be an issue as to whether it meets minimum sag height-to-ground clearance requirements under CPUC, NEC or local rules.