Ok, I read the document. It does not say blanket, and does not specify footage of easement in any way. It does not have my name or address, is dated 1938, does not have the correct legal description of my property, and does not have the correct amount of acreage.
The tree service claims it is a blanket easement, and that they can cut the whole property. The power co. claims that the co. itself made easement rules? law? something which states exact footage. BUT that is not on this document. Does that help?
posted on September 1, 2000 01:14:14 AM new
simco -
Laws vary from state to state ... but an easement should SPECIFY what permissions are granted or it is not an easement that can be defended in court.
And if the easement does not describe the property accurately, it is not enforceable, and may have been mistakenly attached to the property in the past.
It is STRANGE that they would clear under just the lines on your property ... could it be they were supposed to be working on another property?
Contact whoever regulates utility companies in your state and see if you can file a complaint with them ... they and the state department of environmental quality or forestry (whoever does trees) would know what the utility can and can't do.
And file a WHOPPING complaint with the BBB and registrar of contractors about the tree service, fior rudeness and incompetence.
posted on September 1, 2000 11:18:17 AM new
Sorry folks, life has interfered and I'm just now getting back to this thread.
I want to thank all who have responded, or just read and empathized with me. It helps to 'talk' it out this way, and hear other opinions.
selecto
Rich? No way! I'd rather have my trees and this hassle out of my life! Then I'd be rich!!
kitsch1
Lazy is right. It is more difficult and time consuming to trim trees in such a way that maintains natural beauty. Some of the almost 900 feet long swath that was cut was never going to come close to the power lines, ie wild blackberries. Do you know just how good homemade blackberry jelly is? And sells in my store for about $2.75 a half pint!
posted on September 1, 2000 11:34:15 AM new
One of the reasons these things happen is because they give a large chainsaw, a chipper, and a hydraulic lift to an eighteen year old kid who is working for just over minimum wage.....and chainsaws are a lot of fun.
I know this doesn't solve your problem but what happened to you happened to me about fifteen years ago, and a nineteen year old got the blame. Not from me but from the power company.
posted on September 1, 2000 11:34:15 AM new
wordgirl
I'm in the country---outside zoning and code restrictions.
Write letters--that's what I need to do! Documentation--duh! I should have already been better at writing and documenting, thanks for reminding me, I'm really smarter than that, just a lot going on right now.
Deed doesn't list any easements.
You're right--think positive. I'm reminded of a sign my mother gave me, "Nothing will happen to me today that me and Jesus can't handle."
I bought this property for several reasons. One was to have it declared organic and to sell saplings and other plants at my store. I also burn firewood, and would/will burn dropped limbs and trees that need to be removed for the benefit of the woods. I do intend to leave it wooded, but managed in such a way to be best for the land. I love just to walk in the woods, or lounge under a tree and read. It was a place of peace for me to excape the rest of the world when my busy life would allow. The place will never feel the same again. It was a wild, natural place, a place to get in touch with mother earth.
Any bit of reading on environmental issues and timber cutting in particular, will reveal just how few acres are left untouched all over. It was just my little 4.6 acre slice of heaven-on-earth where a gnarly ole tree could live, and I could observe nature and wildlife at it's finest while still reaping the benefits.
posted on September 1, 2000 11:44:39 AM new
getalife
Thanks--you lived through it and so will I. Sorry you had the experience. I'm finding out that across the US this sort of thing is not so uncommon after all. But I know it has been in court enough to have some of it straighened out, just not in my area yet apparently. I just didn't want to have to be the one....
wordgirl
Also, this woods is covered with great old grape vines. You see the wreaths and other crafts all over---those people buy that stuff somewhere. I've seen some really neat rustic furniture, gates, trellises, etc. and intend to market that too. It's better for the trees to thin out the grape vines anyway.
posted on September 1, 2000 03:04:31 PM newmacandjanI bet the president you spoke to has a nice shaded property. Show up at his house and ask to talk to him about it again and have a large chain saw on the walk beside you.
I swear, there are some days I search for your posts just because I need a good chuckle. You're a hoot.
posted on September 1, 2000 09:56:12 PM new
Sorry about your problem, simco. If the easement isn't specific on its limits, you may be out of luck. When you say "legal description", are you refering to the district, land lot, and parcel number (if that's the I.D. method used in your area), or the surveyed description ? Either way, it may not matter that this and the acreage don't match your deed as splits and/or combinations of parcels over the years may have changed the actual makeup of your parcel since 1938. The mapping division of your Tax Assessors office may be able to help you with this.
Our local power companies are fairly good about trying to make ammends on mistakes. If nothing else, they'll sometimes plant saplings that could eventually take the place of the old trees. You might eventually get something like that by just making a polite pest of yourself to those at the utility.
Good luck.
Outside of a dog, a book is a man's best friend. Inside a dog, it's too dark to read.
[ edited by cathammer on Sep 1, 2000 09:57 PM ]
posted on September 2, 2000 05:18:29 AM new
It seems to me that you have some right in the HISTORY of what has been done in the past. I am not a lawer, it is 7 am, three hours sleep or so...and I can't think of the word. Whatever you face, I would stress the history of how it has been cut in the past. I think has something to do with 7 years? If they haven't clear cut it in 7 years, I would scream.
posted on September 2, 2000 06:59:35 AM new
I live on the side of two easements for the power company, my driveway is their access to one.
They have a 40 foot right of way on either side of the easements. However, they come to the door every time they have to access their own property (which is my driveway) and ask me if it's okay to do so.
They had to cut a dead tree last year and asked me if I minded. Heck, it wasn't even on my property. It was in the national forest. I told them to do whatever they had to do to keep the electricity flowing.
They have a right to their property. I have no right no stop them because I'm using their property at no charge!
The county also requires an easement on the road to my home. They cut down trees that are too close to the power lines. They cut down one of my prized trees two years ago (on the edge of my property) because it grew too high. Yes, I was mad, yes I complained, but I also understood why they did it. The tree grew back and they'll probably be by to do it again this year. I'd rather have them do this than have no power because of my tree.
Before you buy any property, you really should check to see who owns it. It saves a lot of headaches later.
Simco, dated 1938? Uh, that deed is a little outdated. Probably before they had power coming to your property. A new deed should have been drawn up before you purchased. You're fighting with an outdated deed. Power company has the right of way in most, if not all, situations. What happens if a pole goes down? How would they get to it? Climb your trees? No, they need the clearance. I'd give it to them without a fight. It isn't their fault your realtor sold without an updated deed. Your fight should be with the realtor.
[ edited by mtnmama on Sep 2, 2000 07:04 AM ]
posted on September 5, 2000 10:53:24 AM new
Back after the long weekend.
cathammer
The legal description tells exactly where the property is located--not a survey, which hasn't been done in years here.
jt
The previous owner said she had the property 20 years and didn't hear from the power co. at all.
mtnmama
The power co. doesn't own this property, I do. I pay mortgage payments and property taxes. Besides they clear-cut way out of any easement---more than 50 feet across and 900 feet long, not just 1 tree. They had direct access (with my permission) to any poles without having to destroy the property.
posted on September 5, 2000 06:42:52 PM new
Simco - this sounds pretty strightforward. An Easement is right of usage to a particular entity [utility, highway authority, etc] granted for a SPECIFIC purpose. Though there are differing rules in each state, I would doubt if the diffs are too great, but you will need to have a chat with an attorney specializing in real estate in YOUR AREA.
Now....not that it means much, but I have NEVER heard of a 'blanket easement'.
So....you need to go the Hall of Records and get some assistance in taking a look at THE DEED for your property. Why? Because a Deed is where the Easments that affect your property [anyones for that matter] are recorded. You GRANT an easement and it can affect the value & enjoyment of your property so it MUST be on the Deed. Very Simple. If your deed has no recorded Easements then....there are no easements. [I could be wrong....it may be specific to your area...but I would be very suprised to find it out.
So what to do if there are no recorded easements? Simple...and DO NOT skip this step. Stop with the fone calls already. Go directly to certified mail with a return receipt requested. Send a letter with 1) an outline of the situation to date 2) a demand for a reply to your letter in 10 business days 3) a demand for a specific [monetary or replacement of trees] action 4) send a copy of the deed with whatever easement is, or is not outlined.
How do I know this is true? Because...it happened to me. Different utility and different action, but the points of law are the same. Sewer Authority vs. Moms Land.
One day Mom wakes up to see a work crew, 6, 7 guys about 1/2 way thru instaling SOMETHING on her land. She goes and talks to foreman...he tells her that they are installing a 'hydrogen sulfide [sewer gas] vent pipe' on the sewer main [that runs under her land but inside the DOT Right of way. It will be 11 feet tall of stainless pipe rising up outta the ground! Its harmless and will have no efect, you will barely know its there. HAH!
She calls the Head of the Authority. In short; 'Too bad, we have an easement and can do what we want' is he explanation. with that said...off I go. call the EPA, and another Sewer Authority and learn all about hat is going on. The gas, while not regulated, is harmfull if breathed regularly and in large quantities. BUT.....still no relief. So....off I go to the Hall of Records. Voila! No easement. NONE. not for them anyway.
Back to the Authority....who says oh well its in the DOPTS easement and we are using THEIR right of way. Certified Mail gets to the DOT and in 48 hours we get a fone call...and am told 'of course we did not grant them any right to do that as an easement is only granted by YOU to US and is NOT transferrable. And even if we did so, a sewer easment would not allow an above ground structure to be built....if we did allow it and somneone hit it, WE would be liable.'
Back to the Authority but this time not we are civil in our letter [CMRRR] and not polite. We inform them that they have No Easment and if the pipe is not removed within 10 business days, we will not only sue to have it removed we will be suing for rent PLUS compensatory & punitive damages for trespassing and devaluing our land that their pipe runs under....all 275 feet and for 30 years. Our guesstimated and ACTUAL damages, very conservativelly estimated, were nearly 75,000.00
THAT letter only took 4 hours to get a reply to after it was received, from the atty. for the Authority. He was very nice and invited us to the next meeting. I will wrap it up here. we invited a writer for a local weekly paper and HE called a writer for the Local daily. the faces were VERY UNHAPPY when these 2 walked in. The Head of the Authority was forced to apologize and they got an agreement from us that we would not sue and they would remove the pipe. They removed it. BTW - this took 9 months. We never did sign off on our promise not to sue and will do so after Mom has gone to her reward...she wants to be 'nice'.
Good luck with your fight and let us know how it works out.
posted on September 5, 2000 08:36:06 PM new
Thanks DrTrooth, My deed does not list any easements. The part I'm stuck at is where I tell them how much my trees are valued at. There's so many!!! And different kinds of trees, different ages. I will let you know how this ends up.
Does anyone know the statute of limitations on this sort of thing? Or a power hitting law firm in the Chicago area?
