Legal Question in Real Estate Law in Pennsylvania
I have a property that a telephone line runs though the middle of. The line services a neighbor. I want the line removed. the utility company has a easement sign 60 years ago, but there is nothing recorded against the deed. is there anything I can do here?
1 Answer from Attorneys
Depending on what the easement says, the utility probably has the right to continue to have the line through your property. Deeds do not have to repeat every easement or other restriction recorded against a property.
Check your deed. It probably has words like "UNDER AND SUBJECT" to existing [easements, restrictions etc.] of record. Check you title insurance policy: it probably also lists the easement as an "exception" to the insured title. That means that your title is not insured free and clear of the exception.
If there no longer is a neighbor and no one needs or benefits from the telephone line, you could negotiate with the utility company to remove the easement. That would also have to be done by a document that will be recorded.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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