Legal Question in Real Estate Law in Florida

implied easement?
Have a written utility easement along the edge of our acre that's adjacent to the road(30' from the center of the paved road). Shortly after a hurricane knocked down a utility cable(not power) - The utility co. workers came & reconnected the line to our home but attempted to bury a portion of the line that crosses the rest of the property diagonally from the easement to the bldg. - previously strung from above- It was done w/o permission but had us sign a work order for reconnecting the service that day. In the ensuing weeks of rain a good portion of the cable floated to the top. In addition to being a hazard when mowing the lawn, we're concerned about the company attempting to create an implied easement against our wishes. Having an easement across this much of our front property would deteriorate our property value as well as cloud the title. I spoke to friend in another county who had a similar experience with another utility that did the same thing. I am concerned that this is a trend for utilities to take property... How do I adequately protect my proprty rights? - Also, since this occurred well within my property & long after purchase of the property, will my title insurance company provide/cover legal representation?

Asked on 5/11/05, 9:05 am

David Slater David P. Slater, Esq.

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Re: implied easement?

1. If they have no permission, they are trespassing. You may need to bring legal action.

2. No

Answered on 5/11/05, 9:48 am

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