Law question

#1
malinoisvol

malinoisvol

Pick up your Balls and Rattle your Cannons!
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#1
I'm in east Tennessee.

I have an easement for Ma Bell and CUB (electricity) running across my property. The only access they have to their easement is via my bridge. On occasion they bring their large trucks across to do maintenance.

Bridge repair time is coming.

Do I need to have their input for bridge construction (weight, width, etc...) before I proceed?

If so, are they reponsible for any cost associated with bringing the bridge up to their needs?

What law discipline should I consult prior to proceeding?

TIA
 
#2
#2
I have no legal clue, but would think if they use it they should help repair it. Especially if its their only access.
 
#3
#3
You need a real estate attorney. Unfortunately, I'm not one of those, but I do work in real estate.

Without reviewing the easement agreement, it's hard to say for sure whether the use of your bridge constitutes an expansion of the rights granted in the easement, but it seems likely. If their use is increasing the wear and tear they should be willing to make some restitution for its maintenance.
 
#4
#4
jvol1 said:
You need a real estate attorney. Unfortunately, I'm not one of those, but I do work in real estate.

Without reviewing the easement agreement, it's hard to say for sure whether the use of your bridge constitutes an expansion of the rights granted in the easement, but it seems likely. If their use is increasing the wear and tear they should be willing to make some restitution for its maintenance.
Click to expand...
Thanks! Where could I find the easement agreement?
 
#5
#5
joevol33 said:
I have no legal clue, but would think if they use it they should help repair it. Especially if its their only access.
Click to expand...

My thought also. I know how this will probably end. I'm gonna hire a troll for the bridge. Lol
 
#8
#8
Thanks Hogg, you jarred my foggy memory. I remember reading that now. Thank goodness my wife knows where it is. Just got to wait for her to return home.
 
#9
#9
malinoisvol said:
Thanks Hogg, you jarred my foggy memory. I remember reading that now. Thank goodness my wife knows where it is. Just got to wait for her to return home.
Click to expand...

Welcome. Power company had an easement to service a pole when we purchased our house.
 
#10
#10
depends on the agreement but usually the landowners & utility companies have a mutual, beneficial relationship. I've seen them build roads and fences for access but fixing a bridge might be a reach.
 
#11
#11
VolsNSkinsFan said:
depends on the agreement but usually the landowners & utility companies have a mutual, beneficial relationship. I've seen them build roads and fences for access but fixing a bridge might be a reach.
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In my case, since the right of way was a separate from my main entrance, the power company had 100% maintenance responsibility.
 
#12
#12
Easements are usually recorded in the public records which, in Tennessee, is the county Register's Office. Title companies will provide copies of easements and restrictions at closing if you ask, but I don't think it's common practice.

If you're still having trouble finding it, you should be able to find the instrument number or book and page number of the easement referenced in the deed to your house.
 
#15
#15
jvol1 said:
Easements are usually recorded in the public records which, in Tennessee, is the county Register's Office. Title companies will provide copies of easements and restrictions at closing if you ask, but I don't think it's common practice.

If you're still having trouble finding it, you should be able to find the instrument number or book and page number of the easement referenced in the deed to your house.
Click to expand...

Thanks, jvol1.
 
#17
#17
This is in Tennessee, right?

Can't you just arm yourself, barricade the family inside the home, drink bootleg whiskey, and shoot at any scalawags that try to cross that there'n bridge of yours?
 
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#18
#18
lawgator1 said:
This is in Tennessee, right?

Can't you just arm yourself, barricade the family inside the home, drink bootleg whiskey, and shoot at any scalawags that try to cross that there'n bridge of yours?
Click to expand...

LG, my wife approves of this message.:)
 
#19
#19
lawgator1 said:
This is in Tennessee, right?

Can't you just arm yourself, barricade the family inside the home, drink bootleg whiskey, and shoot at any scalawags that try to cross that there'n bridge of yours?
Click to expand...

you have it totally wrong,they ain't scalawags,there revenuer's :hi:
 
#21
#21
Sandvol said:
I think the process is leave your bridge alone and if they ever damage it then are responsible for repair. If they damaged your bridge would you have any access?
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Without the bridge, I'd have no access to my house.

Here is how my closing paper work Reads (standard statement):

"The above property is subject to an easement in favor of Western Union Telegraph Company, as indicated on the above referred plat."

Next stop will be the courthouse. Just trying to get my ducks in a row. I'd hate to bare the full burden of repair/replacement, then find out I could have received monies and/or engineering support from the owner of the easement.

I see the access to an easement being comparable to mineral rights. Though, I may not own the mineral rights to the underground, I do own the surface. And for the owner of the mineral rights to extract, he must pay for the access.

This is what I've read on a couple law websites, pertaining to mineral rights vs surface owners rights. Grain of salt included, of course.
 
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