I got home and somone put a pole in my front yard

[mextallion]

So, i went to the city upset. I was told they heve the right (easement) to do anything 15 ft into my property line. It it belongs to the city or county that means we shouldnt have to ask permission to metal detect 15ft into peoples property?

 

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[Ammoman]

Sorry, don't quite work that way. Only the City has that right but not the public. That said, I do like the way you think!

 

[Old Bookaroo]

Nope. The city has an easement for things such as sidewalks, utility poles, perhaps for underground pipes and wires, etc. Although you are a citizen of the city, the fact the city has an easement doesn't mean you have the right to trespass on the property that belongs to other people. You're not the city. And I'm quite sure, without looking, that metal detecting is not a permitted use for the city under that easement.

Good luck to all,

The Old Bookaroo

 

[TommyB]

Ask the city guy if you are allowed to use a chain saw on their easement on YOUR property

 

[smokeythecat]

Here they have 15' from the center line of the street.

 

[Duckshot]

Meh, let the city cut the grass 15' from the street.

 

[TerryC]

Here they have 15' from the center line of the street.

How can that be? I believe most streets must be at least 33 ft wide. If so, your property still has easement into you lawn or whatever. ╦╦Ç

 

[releventchair]

Safest bet to detect a right of way that involves a home/ lands property without risking stepping on toes or laws ...is to have the home/ land owners permission.
Use is usually limited.

The county cleared the right I f way of brush along one side of my hunting property.
Brush that had served as screening from prying eyes till then. But, they have the right.

 

[claypile]

Sorry, don't quite work that way. Only the City has that right but not the public. That said, I do like the way you think!

yup thats right.

 

[sprailroad]

Meh, let the city cut the grass 15' from the street.

And pay 15' worth of property taxes?

 

[against the wind]

Pictures??

 

[Treasure_Hunter]

So, i went to the city upset. I was told they heve the right (easement) to do anything 15 ft into my property line. It it belongs to the city or county that means we shouldnt have to ask permission to metal detect 15ft into peoples property?

It is called utility easement and they are correct. Utility easements do not give public the right to trespass. I worked telcom for 35 years our cables were in utilities easements and we could install or run anything required for our utilities. FYI, the public does not have the right to trespass on utility easements either and you can be arrested for trespass. The documented easement will show up when you do a title search.

Had several homeowners try to fight against our use of the easement and ALL, every single one lost in court. we had one who actually took a saw and cut our pipe in half which cut our fiber optics, it was carrying transcontinental fiber lines. It was originally installed for natural gas, but company I worked for were now using it for fiber optics, he wanted more money for the easement right, he was advised it doesn't work that way so he got mad dug up pipe and cut it.

When we responded to repair the cut he actually stood in drive way with a shotgun and would not let us on the property to repair the cut, demanding money for the right. Local sheriff who was friends with the homeowner would not get us access, saying it's his property, we went back with federal agents who informed the sheriff and farm owner they were violating the law.

To make a long story short the homeowner did not have enough insurance to cover the cost of the repairs which the homeowner was responsible for and he lost his farm. The bill was in multiple 7 figures, the fiber was carrying government lines, FAA lines between St Louis and Kansas City for airports, we also had contracts requiring us to pay many customers on our lines for down time over 5 minutes which he had to cover. Judge ruled he was responsible for all costs since he intentionally cut pipe then delayed the repair. Repair of fiber optics is very, very expensive.

 

[Charlie P. (NY)]

So, i went to the city upset. I was told they heve the right (easement) to do anything 15 ft into my property line. It it belongs to the city or county that means we shouldnt have to ask permission to metal detect 15ft into peoples property?

Key word there is that "THEY" have the right.

If you were a municipality or a utility then you would have a right. But you're just you and only have the rights "they" allow. An "easement" is much different than "public access".

The NYS power grid has a high-tension line that cuts a 60 ft wide x 400 ft long swath across the back corner of my property. That does not mean I have to allow anyone that wants access to that property. Just the utility crews.

 

[Treasure_Hunter]

Key word there is that "THEY" have the right.

If you were a municipality or a utility then you would have a right. But you're just you and only have the rights "they" allow. An "easement" is much different than "public access".

The NYS power grid has a high-tension line that cuts a 60 ft wide x 400 ft long swath across the back corner of my property. That does not mean I have to allow anyone that wants access to that property. Just the utility crews.

100% correct.

 

[huntsman53]

How can that be? I believe most streets must be at least 33 ft wide. If so, your property still has easement into you lawn or whatever. ╦╦Ç

It likely depends on how the property owner's land lays as to whether the city and/or county would declare and/or even want an easement through the property owner's property. In Randolph County West Virginia where I lived from 1984 to 1994 due to my job, the City (Elkins) and County only had easements of 15 feet from the center line of the road I lived on in many locations. However, when they destroyed springs that fed many wells when the came through with sewer lines and then had to put in water lines, they had to ask me for the rights to put the water line through my' property. They had came to within 50 yards of my' property with the water line and when faced with digging up the roadway, taking the lines up and along a steep slope on the other side of the road which would have probably cost them an extra $100,000 or more, they came to me. The funny thing was, is that the guy that owned the property on the other side of the road, was actually lobbying for them to come through his property and telling the officials that I said that they could not come through my' property which was a blatant lie and one which came back to bite him in his' a&*. He was either trying to get water hookups and free water from them or vying for favors down the road. However, I confronted him right in front of the City and County Officials and exposed his lies. (Yeah, I know that I could have left the story out but felt it made for a more interesting reply!)

 

[gunsil]

Here the town "owns" ten feet into one's property from the curb. I recently had a fairly large tree just about ten feet from the road die and start to deteriorate so I called the town and they kindly removed it for me with no charge. Several of my friends have had the town remove dead trees from their easements also, all with no charge to the property owner. Not a bad situation in my opinion. I think it is a good thing that they will remove any dead trees that threaten power lines or traffic. It would have likely cost me well over $500 to have that tree removed and being retired on a fixed income it would have been a financial burden for me to have had to pay to have it done. There is also a fire hydrant on that ten foot easement and they regularly come by and trim away any brush that grows around it.

 

[CoinFetcher]

Be armed with the truth. You are in th SAME boat as every other home owner. You are NOT being singled out.

Live and let live. Utilities are nessesary, and your property needs to be utilized.

 

[Oddjob]

Good thing it did not happen in my home state or the person on the phone would have put you hold, then an hour later come back on to tell you a crew will be by next week to put in the middle of your drive way.

 

[huntsman53]

Be armed with the truth. You are in th SAME boat as every other home owner. You are NOT being singled out.

Live and let live. Utilities are necessary, and your property needs to be utilized.

?? For what, Refugee Camps or Safe Havens? Enlighten me as to what you meant by this statement.

 

[SeabeeRon]

It is called utility easement and they are correct. Utility easements do not give public the right to trespass. I worked telcom for 35 years our cables were in utilities easements and we could install or run anything required for our utilities. FYI, the public does not have the right to trespass on utility easements either and you can be arrested for trespass. The documented easement will show up when you do a title search.

Had several homeowners try to fight against our use of the easement and ALL, every single one lost in court. we had one who actually took a saw and cut our pipe in half which cut our fiber optics, it was carrying transcontinental fiber lines. It was originally installed for natural gas, but company I worked for were now using it for fiber optics, he wanted more money for the easement right, he was advised it doesn't work that way so he got mad dug up pipe and cut it.

When we responded to repair the cut he actually stood in drive way with a shotgun and would not let us on the property to repair the cut, demanding money for the right. Local sheriff who was friends with the homeowner would not get us access, saying it's his property, we went back with federal agents who informed the sheriff and farm owner they were violating the law.

To make a long story short the homeowner did not have enough insurance to cover the cost of the repairs which the homeowner was responsible for and he lost his farm. The bill was in multiple 7 figures, the fiber was carrying government lines, FAA lines between St Louis and Kansas City for airports, we also had contracts requiring us to pay many customers on our lines for down time over 5 minutes which he had to cover. Judge ruled he was responsible for all costs since he intentionally cut pipe then delayed the repair. Repair of fiber optics is very, very expensive.

Wow TH, that is a heck of a story! I had 39 years with the Electric/Gas utility out here before I retired. We had similar issues from time to time.

Public and easement rights can get very confusing!!