Can the power company legally deny my property power if they placed the pole in the wrong spot?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can the power company legally deny my property power if they placed the pole in the wrong spot?

So I just purchased a property recently on foreclosure. The property was subdivided and zoned residential by the county and was perked for septic. I went to have the power hooked up and the power company told me that they cannot provide me power due to legalities of the said pole. The county has a 5ft easement off the county road for widening and the said pole has a 10 ft easement around it. The 10 ft and 5 ft do not but up against each other and the person owning the property between says they cannot pass over it. The power company says it is up to me to figure out a fix. Any ideas?

Asked on November 22, 2011 under Real Estate Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The problem here is you as the buyer had the responsibility to ensure you have clear title and no issues with easements or private properties. At this point, you should consider getting a survey done to ensure the easements are actually correct and not improperly placed. You need to see if the zoning board or building department in your town or county can help come up with some ideas. Otherwise, you may need to purchase an easement from the private property owner so as to allow the power to come in and to allow you access.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption