Ask Me Help Desk - KUXJ vs. Verizon

Does any one know where to look for Laws concerning "Rights of Way" in Pennsylvania?

Yesterday, Verizon's Contractor installed a 3" trunk line for FIOS service across our property.

If I was here when they did it, I may have been writing this from the hoosegow.

I probably don't have "any rights", but I want to make sure.

I still have a mind to send my letter to the president of verizon

Regards,

Steve

Do the utilities have right of way to your land.

Is it actually over your land or merely over the city property.

Quote:

Originally Posted by Fr_Chuck

Do the utilities have right of way to your land.

Not that I'm aware of.

But then it could be like the situation I'm in with the wetlands at the lower end of our property.
Because it has tested positive for West Nile Mosquitoes.
County Vector Control has "Right of Way" for further testing and control... "For the Common Good"

I understand 'bout the health concerns, but Communications?
I'm paying right now to type this response.
I pay for TV.
I pay for Phone.
If I do not pay, I do not get to use.

And we can debate, for millennia on whether Driving should be a right or privilege.

Quote:

Originally Posted by Fr_Chuck

Is it actually over your land or merely over the city property.

Yes. It is actually over our property.

In researching my dilemma, I have found one good course of action is to get in touch with your State and Local Represenatives.

That contact has been made, and I am awaiting the results.

My apologies 'bout the rant in my previous post, I went off-topic, and sometimes I wear my emotions on my sleeve.

K

Hello K:

In my view, even IF they have an easement giving them the right of way, it does NOT mean they can come onto your property willy nilly.

I don't know if the contractor committed trespass or not, but that's certainly the view I would take with the police when I complained about it. They'll tell you.

The "legal" description" of your property would show easements if there are any. I'd stop by your courthouse and look it up, and THEN I'd go to the police.

excon

First thing to do is to look at your deed. It may say something like "subject to easements of record."

Next, look at your title insurance. It should list all the exceptions. Look for some sort of utility easement which Verizon would be entitled to use.

Then contact Verizon and ask them to show you proof of their easement. If they don't have one, you have a case.

Quote:

Originally Posted by excon

Hello K: In my view, even IF they have an easement giving them the right of way, it does NOT mean they can come onto your property willy nilly.

Hi ec,
In the previous example of West Nile (WN), our state, in cahoots with the (Do as we say or we'll cut you off) feds, has enacted legislation that allows anyone combating this “dreaded disease”, free and unencumbered access to any and all lands.
We've never been notified they were going to start checking.
We've never been notified if or not we have those skeeter carriers.
We've never been notified or warned Co. Vector was going to use Insecticides (the good bt stuff).
We've never been notified that Co. Vector was going to initiate a fogging program, again (the good stuff, BIOMIST® 3+15 ULV ).
If we want to “try and control the fogging” We have to get a Dr. diagnosis that we are sensitive to the Biomist, that, is then submitted to the state dept of agriculture, who, in turn review the application. If it is approved. It is then sent to the respective Co. vector office, who then tells the guy who runs the fogger truck, to adjust his spray when he gets to our property. If He remembers.
We have to renew this exemption every year.
Cautions on use of biomist include shutting every door and window, do not go out for 2hours after application, leave premises, do not use garden produce for 2hours and wash thoroughly before use.
Even with these precautions we and our neighbors can still taste it.
Co. won't even come out when you call them 'bout dead birds on your property.
All this, simply because, it is a “Common Good” health issue.

My DW and me have lived here for 29years, out of the last 10, 6 have been declared WN active, including this year, and guess... We've never been notified.
We've been tested, and no sign of it yet.

Quote:

Originally Posted by excon

I dunno if the contractor committed trespass or not, but that's certainly the view I would take with the police when I complained about it. They'll tell you.

I'll call them an see. For now, it's water over the dam.

Quote:

Originally Posted by excon

The "legal" description" of your property would show easements if there are any. I'd stop by your courthouse and look it up, and THEN I'd go to the police. excon

I'll check our tax bill for the site. Co. just went electronic this year, I heard you can look it up now... It makes it easier on the Recorder of deeds staff... The people that snap up properties at sheriff's sales look up the info themselves. :rolleyes:

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Hi AK lawyer... Thank You, I will follow your advice too.

K