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New Member

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5 Messages

Thursday, April 29th, 2021 2:25 PM

Closed

ATT lines on private Propoerty

I have been hired by owner to connect sewer on new house. The easement for Utilities is 25 feet from center of the road which is 15 feet from curb. ATT and Charter both buries their MAIN RUN cable like 25 feet into property. There is no way I can dig sewer without moving or hitting the lines. I have tried and so has the owner to get these moved. I don't want to be (Edited per community guidelines), but this has to be done and I'm left with no choice but to dig right through both there main lines. The have to move these main cable runs into easement. I really don't want to affect customers but ATT and Charter will NOT return calls. 

ACE - Expert

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36K Messages

3 years ago

This is a community of AT&T customers.  There's nothing we can do regarding easements, line placements, etc.  We can recommend you talk to the buried line center, but it sounds like you've already done that.

Seems strange that both Charter and AT&T would both have missed the designated easement by 15 feet. 

Former Employee

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32.9K Messages

3 years ago

Seems strange that both Charter and AT&T would both have missed the designated easement by 15 feet. 

i agree

Scholar

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4.2K Messages

3 years ago

@raykelly8 

If the lines have been marked by the appropriate marking service such as 811 / Call before you Dig and you cut the lines you own the total costs to recover all services!

If you are certain that the services are located well outside the legal easement you need to contact the appropriate city, town or county department (planning / zoning / building) for assistance coordinating with the utility services for temporary or permanent relocation.

You may need a Private Marking Service to confirm the locations if they are truly well outside the Easement. If the utilities are actually outside of the easement they pay to relocate but you still can't just cut / disrupt service or again you pay all costs!

Dave

New Member

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5 Messages

3 years ago

Dave - they DONT have easement on personal property - way would you even say this? So I can install mt fiber across your property and you cut it you have to pay for it - Really!!!!

New Member

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5 Messages

3 years ago

Just looking for maybe a ATT employee point me in right direction - trying to be nice, but I have to get this done

Scholar

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4.2K Messages

3 years ago

@raykelly8

Dave - they DONT have easement on personal property - way would you even say this? So I can install mt fiber across your property and you cut it you have to pay for it - Really!!!!

Yes that is what an Easement is by definition. An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess.

An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.

If you have had a marking service like 811 out to mark existing utilities and they don't mark these lines you know are there. You are right just start digging and wait for the fallout and the bills.

If you are a utility or Telcom provider or cable provider and your "main" cable as you called it is inadvertently outside of the authorized easement. And it runs through the middle of my property and 811 says there is nothing there and I cut your Fiber then it will be your issue.

So dig at your own peril.  I really doubt that AT&T and Charter made the exact same mistake. The odds are just too high.

Good luck and let us know the outcome.

Dave

New Member

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5 Messages

3 years ago

Dave - you are not reading this correctly, they have easement 15 feet off the curb, NOT repeat NOT 25 feet off the curb. I'm not talking about the line that services the house, I'm talking about the main run for development - Otherwise they DONT have easement and they installed this on private property WITHOUT permission.

ACE - Expert

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36K Messages

3 years ago

You said that the standard utility easement was 25 feet from centerline, and that the curb was 15 feet from the centerline, which leaves about 10 feet from the curb into the property.  You also said that both AT&T and Charter ran their lines 25 feet into the property, which is 15 feet from the easement you described assuming that by "into the property" you meant from the curb.

If instead you mean that AT&T and Charter ran their lines 25 feet from the centerline of the road, i.e. at the edge of the easement, then I'm lost as to what the problem is.

New Member

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5 Messages

3 years ago

Nope there lines are at lest 35 feet from center of road - meaning they are 10 feet past the easement into home owner property and no easement that far into property.

ACE - Expert

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36K Messages

3 years ago

Nope there lines are at lest 35 feet from center of road - meaning they are 10 feet past the easement into home owner property and no easement that far into property.

Okay, but you said earlier

The easement for Utilities is 25 feet from center of the road which is 15 feet from curb. ATT and Charter both buries their MAIN RUN cable like 25 feet into property.

With "the property" starting from the curb... 25-15 = 10' easement in property.  25 feet into property minus 10' easement would be 15'.  So which is it, 15' or 10'?

Once you have that straight, I encourage you to check with your local public service commission and see what recourse you may have to work with the utilities whether they are in or outside the easement.  The only difference that makes is who pays for the relocation... they still need to relocate it, you still need to wait on that to happen.

Although, to be completely honest here, I don't really see what the big deal is in terms of you making a sewer connection.  You will have to run a pipe above or below these lines wherever they are: in easement, out of easement, etc.  Once you have them marked and you know where they are, you'll have to excavate around them, in easement or out of easement.  So...  What is the big deal here?

(edited)

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