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We do not have any service with them but they tore up 100 yards of our invisible fence wire running a new line down the side of our property .
We have not been home much due to an illness in the family so Invisible Fence
did a service call for us when we realized the line was cut. The fence people told us today what the problem was. It seems strange to me since we do not have their service. Do they have rights to run line anyway ?? I will call them tomorrow but I would love feedback.
We do not have any service with them but they tore up 100 yards of our invisible fence wire running a new line down the side of our property .
We have not been home much due to an illness in the family so Invisible Fence
did a service call for us when we realized the line was cut. The fence people told us today what the problem was. It seems strange to me since we do not have their service. Do they have rights to run line anyway ?? I will call them tomorrow but I would love feedback.
Most likely there is an easement, but seems they would have found the wires first before digging.
They do. There is some municipal clause that allows utilities companies to access their lines (we've had the same thing happen and had to call about it). I'm not sure how they would deal with the invisible fence though...
If this was along the street ( say within 15 feet of the curb) it's almost certain they have an easement. Sometimes they also have rear lot easements too. If it was anywhere else it would be worth checking into.
I'm not totally sure of all the rules regarding easements though. I don't know if they are allowed to tear up property without repairing it. Might be worth a call to the utilities commission to ask.
They do have easement rights as noted but also have restore responsibilities. Seeding, straw, etc.
If they damaged your Invisible fence I would definitely ask them to repair it.
Irrigation systems, etc, give them fits.
Frank
My understanding of easements is that they can do whatever they want along those. Like, if you pave over a sewer easement and the city needs to get to the pipes below, they can bust up your pavement if there isn't an easy way to reach the pipes otherwise.
They do have easement rights as noted but also have restore responsibilities. Seeding, straw, etc.
If they damaged your Invisible fence I would definitely ask them to repair it.
Irrigation systems, etc, give them fits.
Frank
Is that true of sidewalk easements, I wonder? If the city decides to put in a sidewalk, but you've got a flower bed there, doesn't seem like they'd do anything but dig up your flowers (and maybe leave them in the yard so you could replant?
I'd imagine they would inform people in enough time for them to relocate the plants, but I dunno.
Typically in Cary, the first 10 feet from the curb is a utility easement.
The town and utility providers can dig to maintain, repair, upgrade, and install lines.
They can remove shrubs and flowers. Replacement is grass seed and straw mulch.
The easement is not a great place to install valuable plants or extensive bedding.
You might live there for 40 years and never have any work done in the easement, but it could happen tomorrow.
They try to notify, by door-knocking. (Maybe by dropping notification flyers, but I don't know.)
A year ago, ATT contractors came through my neighborhood and worked on their lines, upgrading for Uverse.
I lost a cotoneaster. Folks around the corner lost a 12 foot wax myrtle stand. Grass seed was the replacement.
Town of Apex Electric crews came through a month or so later and cleared out shrubbery around their distribution boxes.
Both were legitimate uses of the easement.
Is that true of sidewalk easements, I wonder? If the city decides to put in a sidewalk, but you've got a flower bed there, doesn't seem like they'd do anything but dig up your flowers (and maybe leave them in the yard so you could replant?
I'd imagine they would inform people in enough time for them to relocate the plants, but I dunno.
They have a fair amount of leeway to tear up an easement. That's why its noted as such on the plot plan. Depending on the company some do make good efforts to repair as "goodwill" - hence my suggestion to call and ask for things like an invisible fence.
Frank
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