Legal Question in Real Estate Law in California
Utility Company trying to Move Power Pole anchor onto my Property
PG&E is trying to move the metal anchors that are attached to the power pole from my neighbors yard to my yard. Do they have the right to do this without my permission? If they do, do they have to compensate me? And, what kinda fight and whom to I go to, to prevent this from happening? Thank You
4 Answers from Attorneys
Re: Utility Company trying to Move Power Pole anchor onto my Property
They likely have an easement across your property. Might want to check. However, if they do, you likely have no say whatsoever. If they do not, you can stop them or "deal" with them.
Re: Utility Company trying to Move Power Pole anchor onto my Property
There really is no easy answer to your question, and the answers depend upon a number of factors. First, does PG&E have an "easement" over any part of your property? If they do, then they can probably relocate the "anchors" without your permission. If you don't already know whether an easement exists, you can contact a title company in your area and ask them to sell you a preliminary title report. You can also check all of the documents you signed and were given when you purchased your property. If an easement exists, it should be contained in those documents.
If there is no easement, you will probably need to contact a lawyer in your area to advise you on your best course of action, which may include a lawsuit against PG&E to stop them from taking the proposed action.
Re: Utility Company trying to Move Power Pole anchor onto my Property
Go back to the file of papers you accumulated while you were buying your property, and find either the preliminary or final title report. Look in it for easements running in favor of PG&E or utility companies or services generically. The easement location may or may not be described with particularity, but if you have electric power, PG&E (or utility providers generically) almost certainly has an easement that should be mentioned in your title report.
If they have an easement, the purpose for which it is granted will almost certainly be broadly enough expressed to include guy wires and soil augers.
Therefore, you are unlikely to have a case unless it's pretty clear that PG&E is installing the anchors, etc. outside of a clearly-delimited easement area.
Re: Utility Company trying to Move Power Pole anchor onto my Property
They have an easement.
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