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Easement Issues  

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I have my plat of survey that shows that I have a utility easement of 10 feet the title commitment reads a 10 foot easement as well. I have an electrical pedestal on my property over the 10 foot easment so I contacted the electrical company and they are telling me its a 12 foot easment. Why wouldn’t there be an a difference and what would be the next steps getting this pedestal moved?

15 Answers

In this case, apparently the facility is in an easement that was not brought to the buyer's attention by the TC but if it was out of the easement then the property owner has a cause of action in inverse condemnation.  I researched it, as far as I can tell the statute of limitations for Adverse Possession applies so if the property owner doesn't either convince the utility to remove the trespass or pay for the easement or bring an action in inverse condemnation within the statutory period then the invasion is permanent without compensation.  The case I was researching involved a fee simple invasion, I'm not sure how this works in the case of an easement which is less than a complete invasion of someone's private property.

O death, where is thy sting? O grave, where is thy victory? -1 Corinthians 15:55

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