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I know this is a shot in the dark but worth a try. We bought a property in a deed restricted planned community. After purchase we found out that the previous owner sold/condemnation over half of our property to the township. It included a large area of what used to be the front corner of our property. In that space..they have sank a 25' electrical pole. The president of the HOA called me and said that the covenents say only underground utilites and they are backed by state law to be enforced. So my question is..are electric companies given free reign to what they want in this situation?
I have seen several instances where utility companies (phone / cable tv / power) do not abide by "underground utility covenants" -- often there is a distinction between "transmission lines" that are needed to send more utilities to new customers vs the "service to premise" which is generally done underground to customers in the "restricted" developments.
State laws will spell out regulations, not homeowners covenants.
I think that in this type of example, the utility company is exercising "eminent domain" rules which overrides community covenants. They can't do it without contacting city/county/state governmental bodies first.
I know this is a shot in the dark but worth a try. We bought a property in a deed restricted planned community. After purchase we found out that the previous owner sold/condemnation over half of our property to the township. It included a large area of what used to be the front corner of our property. In that space..they have sank a 25' electrical pole. The president of the HOA called me and said that the covenents say only underground utilites and they are backed by state law to be enforced. So my question is..are electric companies given free reign to what they want in this situation?
I don't think there's anything that you can do about it. It stinks that the prior owner's benefitted from the sale, but you're the one that has to put up with it.
I'd wonder at why this was not disclosed prior to settlement, though. Or would something come up in a title search? Sounds very fish to me.
This definitely should have come up in title search. In fact, it should be showing on your deed to the property. Something weird going on here. Did you buy without reading documentation of what you were purchasing ?
I know this is a shot in the dark but worth a try. We bought a property in a deed restricted planned community. After purchase we found out that the previous owner sold/condemnation over half of our property to the township. It included a large area of what used to be the front corner of our property. In that space..they have sank a 25' electrical pole. The president of the HOA called me and said that the covenents say only underground utilites and they are backed by state law to be enforced. So my question is..are electric companies given free reign to what they want in this situation?
So, prev. owner sold piece on property to township... and who and why ("they"?) sank a pole then?
If it's utility company, why whey doing work on township property?
By the way, power company can run underground line, it just more work for them.
It's a long story. I just gave a little info so you would know that we didn't purchase the property knowing there was a utility easement. I posted about our "discovery" several months ago. It was a bankruptcy and the trustee was paid for the 2 the 3 acres they took however he doesn't have to disclose. Obviously they took a significant portion. The township didn't file a deed so everybody missed it except the title searcher. However, our closing attorney didn't catch it and never told us. The deed on record is 3 acres. The said pole happens to be in our front yard..about 30 ft from our house. So it is adding insult to injury.
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Pretty Much
