Legal Question in Real Estate Law in Michigan
May the Utility Company put more poles on my land?
When we purchased our lot, there were (are) power lines running across the back, at at 3/4 of the depth of our lot, about 75 feet from the back of where we built our house. There were no poles on our lot, but one on each of our neighbor's lots on each side - this was the reason we chose this lot. Its seems now that the utility company wants to place a pole on our lot. Not only do I hate the idea of having a pole anywhere on my lot, the place where they placed a stake appears to be on my drainfield.
My questions: (1) can they place a pole on my lot? (I assume that they have a valid utility easement). (2) Can they put it in my drainfield (is my tough luck putting my drainfield in the path of the easement? (3) If they can do whatever ever they want, do they have to replace my landscaping (I'm assuming that truck heavy enough to drill and place such a pole are going to wreck my lawn and sprinkler system.
Any advice appreciated.
2 Answers from Attorneys
Re: May the Utility Company put more poles on my land?
Yes, if they have a utility easement over your property, they probably have the right to put a pole on your lot. Your predecessor owners were foolish to put a drain field over a utility easement. If they had no other realistic options for the placement of the drainfield, you could argue a hardship and necessity to maintain the integrity of the drainfield. For more info, please contact my office at (248)851-3171.
Re: May the Utility Company put more poles on my land?
Generally, a person, business, entity, etc. cannot enter your private property without your permission. Permission to enter may be found in a legal document such as an easement or deed. Such a document should be found in your chain of title at your local register of deeds office. However, from the background you have provided, it does not appear that the utility has the authority or permission to place a pole or other structure on your property. More likely, they have an air easement only allowing them to string their wires over and across your property. If they are wrongfully placing the poles on your property you may also be entitled to money damages. Our office is currently representing similarly situated homeowers in litigation in Lapeer County, Michigan to stop the utility from erecting steel transmission poles on their property. To discuss this matter further, you may call our office directly at (248)537-1155. We will be happy to answer any other questions you may have.
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