Ok to bushhog a utility line ROW?

[ultrarunner]

Brother has power line easement on his farm next to the road.

He put his livestock fences just before the power poles but the utility always wants access from his side and livestock removed.

No where in the easement does it say anything prohibiting farm livestock on the farm.

Utility does not want the easy access from county road citing safety concerns of fast drivers…

Utility annually wants inside access to avoid traffic but always goes off easement…

Just pointing out easements can be like a marriage…

 

[paulsharvey]

So, the wording is the difference. A Right of Way is Not your property (the way it works in FLa); and easement you own the property, but another entity has rights to the use of it (utility placement/maintenance, access, drainage rights, ect). Most likely, that is an easement, and you would have full use/access to the property, as long as you didn't interfere with the use by the power utility; IE you probably can't place any structures, plant trees, ect; but most likely you can mow, shoot, hunt, graze animal, ect. Planted crops may or may not be allowed if that is reducing access for routine maintenance of the utility.

 

[paulsharvey]

We have 3 easements. 1 electric, 2 gas.

It is my land they they get to use rent free...

I can keep it clear myself, or they will come through and do it. They just need access to repair or update lines and such. I used the box blade before I got my flail.

Gas is a little trickier because we can't really dig there. Limits what can be planted there. Also, can't safely burn there just in case there's a leak.

You can grow crops in basements, but if they need to get on the property, they will likely destroy much of it and you have no recourse.

Good advice above as rules vary by jurisdiction.

Not all utility easements include access, or require notification on access. It's all in the individual easement language; there can be aerial only utility easements; so that a power line can cross a corner of the property, but might not allow poles to be placed.

 

[Jstpssng]

Brother has power line easement on his farm next to the road.

He put his livestock fences just before the power poles but the utility always wants access from his side and livestock removed.

No where in the easement does it say anything prohibiting farm livestock on the farm.

Utility does not want the easy access from county road citing safety concerns of fast drivers…

Utility annually wants inside access to avoid traffic but always goes off easement…

Just pointing out easements can be like a marriage…

Do they have that right or are they just dependent on your brother's good will? Granted things vary from state to state. In every state I've worked on this side of the country however, access is specified in the deed, along with the transfer of the R/W or easement.

 

[Torvy]

Generally an easement or R/W is paid for at the time of transfer, just as any other land transaction.

I hear what you are saying, but it is horsehockey as policy. They don't own the easement. I do. Since ownership doesn't change, it's not a transfer.

Imho, all easements should be a lump sum for initial access plus an annual payment to landowner of record for continued use of the property. They should also be required to remove the lines/equipment etc. when/if it is no longer needed. Basically, easements are long term leases

 

[paulsharvey]

I hear what you are saying, but it is horsehockey as policy. They don't own the easement. I do. Since ownership doesn't change, it's not a transfer.

Imho, all easements should be a lump sum for initial access plus an annual payment to landowner of record for continued use of the property. They should also be required to remove the lines/equipment etc. when/if it is no longer needed. Basically, easements are long term leases

It all depends on how it is written; but I've never seen one that had an expiration. Sure, there are ways to subordinate an easement (basically buy it out); but that's not really an option for a typical homeowner. Also many utilities require a easement be granted inorder to provide service to a property.

 

[paulsharvey]

Brother has power line easement on his farm next to the road.

He put his livestock fences just before the power poles but the utility always wants access from his side and livestock removed.

No where in the easement does it say anything prohibiting farm livestock on the farm.

Utility does not want the easy access from county road citing safety concerns of fast drivers…

Utility annually wants inside access to avoid traffic but always goes off easement…

Just pointing out easements can be like a marriage…

The traffic is a BS excuse, we do flagging operations and shoulder closures all the time. Its a money problem; if a utility hires out an MOT/TTC subcontractor, that's gonna be approx $1500/day for the "Maintenance Of Traffic/Temporary Traffic Control" contractor.

 

[ultrarunner]

Do they have that right or are they just dependent on your brother's good will? Granted things vary from state to state. In every state I've worked on this side of the country however, access is specified in the deed, along with the transfer of the R/W or easement.

They do have an easement but utility not well versed.

The pioneer farm homestead property line is to the center of the county maintained road as it started as a farm road circa 1850.

The maintenance crew often think the right if way is from the shoulder.

The steep shoulder drainage culverts leaves no shoulder...

It's not a big deal... just not always convenient.

 

[big bubba]

why not call your utility maintenance dept & ask?

 

[John_Mc]

Here in Vermont you can tell the utility not to use herbicides, and they'll have to use other means to control the growth.