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<title>Topic &#x27;Can Comcast Dig Up My Yard?&#x27; in forum &#x27;Comcast HSI&#x27; - dslreports.com</title>
<link>http://www.dslreports.com/forum/Can-Comcast-Dig-Up-My-Yard-19884184</link>
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<language>en</language>
<pubDate>Wed, 08 Feb 2012 18:54:03 EDT</pubDate>
<lastBuildDate>Wed, 08 Feb 2012 18:54:03 EDT</lastBuildDate>

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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19913927</link>
<description><![CDATA[fruhead posted : <div class="bquote"><small>said by ultracooldave :</small><br><br>That trench is obvoiusly some type of main feeder-he has said there are already overhead lines for simple connections.<br> </div>That's all I needed to hear.<br><br>[/thread]]]></description>
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<pubDate>Fri, 01 Feb 2008 07:27:17 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19911468</link>
<description><![CDATA[rody_44 posted :  yea the cable companie uses out of state contractors just so they can save 25 foot of trench. so now your claiming because comcast used out of state comtractors it limits your ability to take court action. news flash you have no claim against any contractor your claim would be against comcast which as your lawyer said you would lose anyway. as a contractor im going to drive out of state just so i can do a job and save 25 foot of trench which is going to add maybe 30 minutes of work on a three man crew. (actually i could plow it in in about 60 seconds). ]]></description>
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<pubDate>Thu, 31 Jan 2008 18:48:31 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19910911</link>
<description><![CDATA[tshirt posted : <div class="bquote"><small>said by <a href="/profile/455278" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=455278');">Austinloop</a>:</small><br><br>  And NO, a service drop is not an easement </div> A service drop is not an easement, But allowing it to be installed creates an "Implied easement"** which is of limit scope/purpose (i.e. hang the drop from the tap to the house) it requires nothing in writing, and confers no other use then a drop to the home, plus reasonable ingress and egress for maintenance (reasonable would imply no cherrypicker, and megawatt  work lighting showing up at 3 am) They can't place poles(other then what is required for the drop) antennas, structures,etc,etc antwhere within the easement. In the case of an aerial drop it is an "aerial easement" similar to a power co. wire (the power company easements are usually a 5 foot radius around each conductor (for safety reasons) on a drop maybe more for main lines but has no rights to the ground underneath, they do get maintaince rights)<br><br> AND it is <u>revocable</u>, all you have to do is contact the cable company, show you are the owner of the property, and that you wish the drop to be PERMANENTLY removed. (They may charge you if you later request a replacement, even if access (basic service) is required by law.)<br><br>** BTW in California (and most other places, I think) there are many implied easements on EVERY piece of land, even if they don't show on the deed. Things like Road RoW, Utility RoW,etc. are implied on ALL land in CA. only in recent years have some title insurance companies begun requiring Express (written) easements under some circumstances (now when you buy a lot in a development you may receive 2 deeds one for the house and yard outside the statutory RoW and a second for the EASEMENT for roads, utilities, sidewalk area portion that you own, pay taxes on, but don't have exclusive use of. This came about to avoid arguments like this thread from becoming lawsuits.<br> What UCDave it sounds like to have on his property is a service vault intended to provide service to other properties, which is an entirely different type of easement.]]></description>
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<pubDate>Thu, 31 Jan 2008 17:16:02 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19909886</link>
<description><![CDATA[Austinloop posted : I went back to the original pictures and it doesn't look like any "main" line to me.  It sure looks like a service drop to me, i.e. the coax that feeds an individual living unit.  It is not that uncommon to have aerial plant for the main line and a buried service drop to the living unit.  And NO, a service drop is not an easement, but I believe that has been said previously.]]></description>
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<pubDate>Thu, 31 Jan 2008 14:22:28 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19909575</link>
<description><![CDATA[CableDaddy3 posted : Just because there are poles doesn't mean they wont run an underground drop. They do it all the time. I, however, never seen a feeder run to the side of someone's home. No, you are wrong, a drop path is not an easement. They don't "have" to have access to it. If your service needs repair you grant access. If your home wiring is causing a problem and you don't grant access (which does happen because people don't believe radio shack splitters cause problems), the cable company will simply disco your drop line -- problem solved. The only easement on his property is the utility easement that already existed. Again, the drop path is not an easement.]]></description>
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<pubDate>Thu, 31 Jan 2008 13:38:06 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19909390</link>
<description><![CDATA[anon posted : He created an "easement" by signing the cable contract with wording to the effect "allows repairs/upgrades/ access even if service is cancelled.<br>As far as Comcast- it seems they do not even know about the trench and are still trying to find out days later, so good luck with them.<br>That trench is obvoiusly some type of main feeder-he has said there are already overhead lines for simple connections.]]></description>
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<pubDate>Thu, 31 Jan 2008 13:11:11 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19909299</link>
<description><![CDATA[CableDaddy3 posted : Ugh. Again with the contract. Where there's easement there are rights. If he didn't have service and they ran that drop by mistake, the homeowner has no more or no less rights than before. Regardless of what you want to believe, when you sign up for cable, Comcast cannot turn you yard into a dish farm. You have to allow them to access the NID, the drop, and the easement. If you cancel their service, they can come on to remove the nid or drop or access the easement. If there is no nid on the house, nor if there is no drop, they still have rights to the easement. Even when a sub has a drop and a nid, all the cable company can do is maintain and upgrade those two items. A cable company is not going to upgrade a drop for a disco'd customer. They are much more likely to remove it than fix it. If it's not active, they don't care about it. They still can't build all over your property. They can only stay within the confines of their easement. That's why you were right in your situation. They built outside of the easement, illegally. The original poster doesn't need to worry about a contract that doesn't exist. All he needs to do is decide if he wants Comcast to come out and remove the drop or leave it be. Also, he needs to have them come look at the damage to the house. I'll repeat one more  time, though your not going to listen, cable companies cannot build all over your property, only the easement.]]></description>
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<pubDate>Thu, 31 Jan 2008 12:58:52 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19909242</link>
<description><![CDATA[anon posted : I really don't know what the deal is with the original poster, all I can suggest investigating some way he could get that contract voided. <br>I should add that I don't believe the cable co. paid anything to their contractor-they did not follow the permit and the cables never got connected-my lawyer said their (cable co.) defence would be that everyone got ripped off with these Utah contractors-it was all their fault. The water co. told me they had noticed these Utah contractors  not following permits at other locations on several oiccasions, I wonder how much of this is going on.]]></description>
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<pubDate>Thu, 31 Jan 2008 12:50:50 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19909112</link>
<description><![CDATA[CableDaddy3 posted : So, your saying, the utilities currently run under the street or are right next to the road (withing 10 feet or so) and the cable company didn't put the box where the existing cable path was? Instead they put it in the middle of your yard? Why didn't you answer this to begin with? It would have saved 11 pages of crap. If the cable company didn't use their easement and put the box 25-35 away from the road, and 25 feet away from any other utility, then that's just stupid on their part. I would have agreed with you from the very beginning had I known that.<br><br>It's easier and more profitable to run a drop to the wrong house? Wow, no one would ever catch that! Your case is completely different. Your situation was a mainline. His situation was a drop. I could see a contractor taking a shortcut to run a mainline, but running a drop to the wrong house (as is the case for the original poster) solves nothing.]]></description>
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<pubDate>Thu, 31 Jan 2008 12:33:57 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19909107</link>
<description><![CDATA[NormanS posted : <div class="bquote"><small>said by ultracooldave :</small><br><br>worldvision, they used out of state contractors so it would not viable, this is a common ploy used by the cable co. - they would call it cost control.<br> </div>Surely you must know (you do have a lawyer?) that a contractor must have a license to operate, issued by the state in which he operates. Surly you must know that the party who hires the contractor is, ultimately, responsible for the conduct of the contractor.<br><br>In general, you can bring suit in the jurisdiction where the tort occurs. And Comcast does do business in California, and has to accept service of legal disputes in California.<br><br>This comment causes me to wonder if you really have a lawyer. Of course, there is a statute of limitation on lawsuits. I don't know what it actually is, but I am reasonably certain that it is less than eight years.<br><small>--<br>Norman<br>~Oh Lord, why have you come<br>~To Konnyu, with the Lion and the Drum</small>]]></description>
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<pubDate>Thu, 31 Jan 2008 12:33:14 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19908962</link>
<description><![CDATA[anon posted : cabbledaddy3, remembering this was 8 years ago, all utilities were put underground in various trenches, the permit was for the box to be on the street with the others, they choose to put it on my property, they could save digging another trench (25 feet) and simply put their cable in with the phone trench, box to connect could only be put on my property due to layout with this plan ( which they had no permit for).  I really don't think the cable co. knew or cared what their contractors were doing, as far as they knew they pulled a permit and gave it to the contractor for a fixed cost.This saved the Utah contractor an enormious amount of money, thats why I am sure they were paid on a job basis not actual cost, this was a ton of extra money for them, they even lied to the deputy about the permit and gun for that matter! I later heard that this type of thing was going on up here on a regular basis with these Utah contractors.<br>Thats why I believe the original poster that he thinks the trench was not meant to go on his property at all- it was easier/more profitable for the contractor to do so.]]></description>
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<pubDate>Thu, 31 Jan 2008 12:09:37 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19908801</link>
<description><![CDATA[gar187er posted : this guy doesnt know whats goin on except in his own world....playing county commissioner for himself and neighborhood...who cares what you think of the cable company....they dont force people to buy the service.....if your neighbors want cable, let them have it, in your mind their stupid and ignorant for it, but its their choice.....any one here of freedom?!?! guess it doesnt exist in your communist section of the country.....<br><br>how did they run the wires?!?!?! once again.....]]></description>
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<pubDate>Thu, 31 Jan 2008 11:41:59 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19908788</link>
<description><![CDATA[CableDaddy3 posted : Once again. avoided the question.]]></description>
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<pubDate>Thu, 31 Jan 2008 11:39:06 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19908765</link>
<description><![CDATA[anon posted : Fiber? I am afraid our monopoly cable co. can hardly do digital copper let alone fiber, there is no financial incentive in this particular area even though we are 1/2 hour from millions of people, dsl and HD Dish have made even the digital thats here obsolete and over priced, I am getting 45 stations inHD with Dish, Direct offers more but I don't watch those extra stations anyway, and mostly 1080i not the intentionally reduced cable version-I think they are offering 12- its practically impossible to find out, I don't think any are actually received in 1080i even though they call it "HD".<br>And yes, property was recently surveyed, never disputed by anyone box is on my land.<br>Still waiting to hear from original poster if he has even heard back from Comcast regarding trench, getting to 4 business days now! All I can offer him is to have lawyer see if his contract could be nullified on some technical basis or maybe whoever signed it was not actually the property owner,]]></description>
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<pubDate>Thu, 31 Jan 2008 11:34:46 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19908680</link>
<description><![CDATA[CableDaddy3 posted : <div class="bquote"><small>said by <a href="/profile/573631" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=573631');">fruhead</a>:</small><br><br>  <br>Are the other utilities street-side or somewhere on your property?<br> </div>That's a futile question I've asked that question like 5 times. If had answered it this thread would have been over long ago, I'm sure. His unwillingness to answer this might be because an answer would find a hole in his logic. Maybe even something that would upset his legal situation. Maybe an undocumented easement that his lawyer didn't know about and, for whatever reason, Comcast can't prove is there. If he admits to lines running, then they can come back through and "upgrade" their lines. That's the only logical thing I can deduce from him continuing to not answer such a simple, but vital question.]]></description>
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<pubDate>Thu, 31 Jan 2008 11:19:55 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19908098</link>
<description><![CDATA[ewm0826 posted : Check with your state's office of public utilities. Assuming your state (Utah?) regulates Comcast, you certainly have recourse.<br><br>At a minimum, there should have been a courtesy phone call. In many states, a call to "Dig Safe" is required. If Utah has a Dig Safe company, they would have come out and marked the ground to avoid things like water and gas utility lines.<br><small>--<br>===========<br>Ed</small>]]></description>
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<pubDate>Thu, 31 Jan 2008 09:18:52 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19907947</link>
<description><![CDATA[Greg_Z posted : I would not doubt if a Surveyor came out, that Ultracooldave  would find out that the land they are claiming as theirs, is not theirs to own.]]></description>
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<pubDate>Thu, 31 Jan 2008 08:42:12 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19907873</link>
<description><![CDATA[fruhead posted : Ok, now this is just getting silly.<br><br>If the cable company is upgrading their lines to fiber-optic, or upgrading their system to 875MHz or 1G, they would be following existing path.  They wouldn't be upgrading by digging in new areas or licensing new poles.  If they were <i>expanding to areas that were not previously accessible</i>, then they might be rerouting, trenching and/or leasing new poles for their infrastructure.  If that's the case, then you're not obstructing existing customers 'who don't take the service anyway', you're stopping new customers from having the freedom to <i>choose</i> what service they would prefer.  <br><br>Is it possible that you are stopping the cable company from making the improvements in service that you yourself complain of?  Are you shooting yourself (and your neighbors) in the foot by your obstinacy?  Would the cable service be better (for those who <i>choose</i> to subscribe to it) if you allowed the company access to the path?  Are you yourself creating the problem that you complain of so strongly?<br><br>Can you take a picture of the box on your land and upload it so we have an idea of what the box's original purpose might have been?  Are your other utilities aerial or underground feeds (to yourself, then carrying down further to your neighbors)?  Are the other utilities street-side or somewhere on your property?]]></description>
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<pubDate>Thu, 31 Jan 2008 08:27:06 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19907314</link>
<description><![CDATA[anon posted : worldvision, Lawyer advised me not to, even in small claims court. There was a tiny chance I would find a Judge that would find the cable co. responsibe, they would claim that any damages were caused by the contractor- the cable co. never authorized the contractor to not be acting according to the permit  and this was almost certainly what the Judge would find. A lot of people think that they have a strong case when in actual fact they don't. Most people would think the misplaced box was a simple error. I was quoted $2000 to properly take out the box. Anyway time is past-it was 8 years ago! I admit it didn't sound right but why have a lawyer if you don't listen to him? I even had a videotape of the whole incident. Maybe he is a bad lawyer, I do know I have not been writing any checks for legal services in many years and the last case I had I lost despite it being so certain. Despite what you see on TV nothing is certain in the legal world.]]></description>
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<pubDate>Thu, 31 Jan 2008 02:00:29 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19907212</link>
<description><![CDATA[81399672 posted : Cable company still liable for their contractors. So confused on why you can't sue them for fee that will cost you to remove the box that is illegally installed<br><small>--<br>i am not a lawyer but I do play one on the internet</small>]]></description>
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<pubDate>Thu, 31 Jan 2008 01:06:35 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19907207</link>
<description><![CDATA[anon posted : worldvision, they used out of state contractors so it would not viable, this is a common ploy used by the cable co. - they would call it cost control.  I could have also sued the SB Sherrif's dept- I absoultely refused to do that, it was not the deputies fault -he believed the contractors lies about their permit and the mythical gun I was supposed to have, he put me in handcuffs and  if were in the same position I'd have done the same - they have made this area one of the safest in California despite limited manpower and I appreciate that. If they would only have installed the box on the street 25 feet away as the permit said everyone would have been happy.]]></description>
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<pubDate>Thu, 31 Jan 2008 01:04:20 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19907197</link>
<description><![CDATA[CableDaddy3 posted : Okay, so how they get it? Where are the wires? I have been somewhat out of line for attacking you and apologize. We are all entitled to our opinions and rights. I shouldn't have posted my last post about blocking your dish, it was stupid. I get that your in a unique area. Curiosity is just getting the best of me.]]></description>
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<pubDate>Thu, 31 Jan 2008 01:01:06 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19907115</link>
<description><![CDATA[81399672 posted : Being that they installed it illegally, why not take comcast to court and seek order to have them remove the box or having someone else remove the box and then sue them in small claim court for that cost.<br><small>--<br>i am not a lawyer but I do play one on the internet</small>]]></description>
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<pubDate>Thu, 31 Jan 2008 00:36:13 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19907104</link>
<description><![CDATA[anon posted : OK cabbledaddy3,<br>Even though its off topic I will answer your question-<br>simple question-how are my neighbors getting cable (presumabily with me refusing to let the cable co. hook up their digital cables inside the illegal box they forceibly installed on my property while I watched in handcuffs)<br>Everyone is getting standard cable if they want it because the cable co. is a monopoly and has to provide basic service to everyone on the mountain, it is however the worst and most expensive service in the whole country. It should be noted that everyone with a view of the southern sky has satellite, its half the price great picture. There is no alternative for those that cannot get satellite, no over the air at all.<br>Turning to digital-the wires they want to connect, in the very few areas they have provided it, it also is the worst and most expensive in the whole country- this can be verified on this website. The only people using digital are those that cannot get dsl and have no view of the southern sky, in the highly concentrated areas where there is digital cable there is also dsl available so its difficult to make money from digital cable since half will opt for satellite/dsl  since its half the price, the vast majority are so spread out the cable co would have to spend a fortune to supply them and they are not required to under their monopoly contract.<br>So of the 1500 houses that my cable was meant to serve only a handful would actually get it and yes, I freely admit I am stopping them by not granting the cable co. a piece of my land. If they wanted to they could move the box, the truth of the matter is that they really don't want to supply digital due to cost.<br>Somehow you think I am being UNAmerican or something in not donating a piece of my land to the cable co. so they can supply digital to a few. They will just have to have regular cable, bad as it is until something changes and the cable co. will continue to be the most hated business on the mountain.<br>I could not change that even if I let them hook up their cables.<br>Its just the way it is in this area.<br>Unfortunately its a simple question without a simple answer.]]></description>
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<pubDate>Thu, 31 Jan 2008 00:32:24 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906931</link>
<description><![CDATA[CableDaddy3 posted : It amazes me how you refuse to answer a simple question of mine. How are your neighbors getting cable now? Lines across the street or in your yard? This is like the 4th or 5th time I have asked.]]></description>
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<pubDate>Wed, 30 Jan 2008 23:47:18 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906902</link>
<description><![CDATA[anon posted : it amazes me how people try to get the discussion off topic, we still haven't heard about any reply from Comcast re the trench and its 3 business days now. My personal experiences are only relavent in so far as they show how ruthless some cable co's can be. Comcast it seems is in the same category, legal-yes, sneeky with the small wording of their contracts-yes, providing a great service to some of their customers-obviously yes, forcibily putting trenches in a few back yards-you can see the pictures, customer service-none when it comes to trenches-they have created an asset on their balance sheet because they have gained the use of his land to provide service to others and have paid nothing for it.<br>I wish I could have customers sign a contract where they give me some of their wealth, I make money from it and  I pay nothing for it-and its all legal! I would have to be carefull not to do it too much-laws might be passed to stop it, or heaven forbid - my competitors may all start doing the same thing.  I think I would call the company Comcast, or is that name already taken? I guess I would have to call it Comcast Trenches.]]></description>
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<pubDate>Wed, 30 Jan 2008 23:40:14 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906589</link>
<description><![CDATA[CableDaddy3 posted : nevermind]]></description>
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<pubDate>Wed, 30 Jan 2008 22:45:53 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906567</link>
<description><![CDATA[EG posted : [arbitrary comment]<br><br>Eminent domain ?  :o<br><br>[/arbitrary comment]]]></description>
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<pubDate>Wed, 30 Jan 2008 22:41:08 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906550</link>
<description><![CDATA[CableDaddy3 posted : <div class="bquote"><small>said by <a href="/profile/1107926" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1107926');">CableTool</a>:</small><br><br>You know what would have been better? If everyone acted like members of society and let people just do their job.<br> </div>Now that's crazy talk ;)<br><br>I could buy the property around him and build  a high rise platform (just happening to be in front of his satellite) and take up photography. I'd probably get some nice shots of the mountain. Or would that be wrong to obstruct him from getting tv.]]></description>
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<pubDate>Wed, 30 Jan 2008 22:38:33 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906545</link>
<description><![CDATA[CableDaddy3 posted : Hey, I got a question that hasn't been asked yet. How are your neighbors getting cable now? Does the line go across the street or is there already a line going through your yard?]]></description>
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<pubDate>Wed, 30 Jan 2008 22:37:32 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906311</link>
<description><![CDATA[NormanS posted : <div class="bquote"><small>said by <a href="/profile/1358638" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1358638');">81399672</a>:</small><br><br>A contract is civil matter and not legal matter.<br> </div>{cough;cough}A "civil" matter <b>is</b> a "legal" matter; just under "civil law", as compared with "criminal law".<br><small>--<br>Norman<br>~Oh Lord, why have you come<br>~To Konnyu, with the Lion and the Drum</small>]]></description>
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<pubDate>Wed, 30 Jan 2008 22:01:05 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906256</link>
<description><![CDATA[anon posted : No "court order"  is required- if you are stupid enough to give away control of your land by signing a cable contract with words to the effect "access will be granted for repair and upgrades" you have agreed to them being legally able to enter your property 24/7 and even build trenches- your permission is not needed  even if you cancel service with the police if necessary, even if you sell the house. What I omited in earlier posts to mention was that they may already have this right if you live in an area where local laws/ zoning  have specified this. But even in this case you may be expanding what they are able to do by signing the contract.]]></description>
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<pubDate>Wed, 30 Jan 2008 21:53:04 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906040</link>
<description><![CDATA[CableTool posted : <div class="bquote"><small>said by <a href="/profile/1358638" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1358638');">81399672</a>:</small><br><br>  I just don't see a cop arresting me for refusing you access to my property without court order<br> </div>I dont think youd be arrested either. But they would escort the tech and stay with him while he does what he has to do. And if you interceed in any way or act in a threatening manner then yeah, youd be arrested for that. <br>Ive had cops escort me, Ive called cops to escort my techs. Not once has anyone been arrested. Pretty much every time though the homeowner stood there and yelled his head off like  madman. <br>So be it. You know what would have been better? If everyone acted like members of society and let people just do their job. Especially when it has no affect on anyone or anything. <br><small>--<br>CableTechs.org/<A HREF="http://www.cabletechs.org/main/">"Horrible People with Integrity"</a></small>]]></description>
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<pubDate>Wed, 30 Jan 2008 21:16:00 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19906003</link>
<description><![CDATA[anon posted : worldvision-I and several others have corrected you many times, whether the "Right" for the cable co. to enter your property was created by you signing a contract or it was created through local laws, or it was created in the past and is spelled out on your deed, it is not a civil matter- they have a legal right to enter your property without your permission with the police if necessary! And while the "cable contract" is a civil contract, if the owner signs (in every contract I have seen) he has given the "right" to the cable co. over his land so that they can do their "necessary upgrades/repairs" and in a few cases it will mean trenches as we have seen here, the police will enforce that civil contract ( or maybe we should call it a right of access) and have if fact done so with me. If you live in an area of the country where there are no laws covering this and you have not signed any contract and its not listed on your deed you do have the legal right to keep them off your property for any reason-they are trespassing. the San Bernardino Sherrif's are doing this for me right now, they have contacted the cable co. and told its contractors that they would be arrested for trespass if they came onto my property, it all depends on your particular area and circumstances.]]></description>
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<pubDate>Wed, 30 Jan 2008 21:09:27 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19905788</link>
<description><![CDATA[81399672 posted : <div class="bquote"><small>said by <a href="/profile/956696" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=956696');">rody_44</a>:</small><br><br> i didnt read the last 2 pages of posts. but i will comment on a couple of issues. one being is i do often use the police in the course of doing my job. its just easier for me to get the police involved from the get go when the homeowner is going to be a dick.  i try to reason with them but when they reach my limits i just call the police to handle it. unlike what is mentioned in this thread it really doesnt matter whether you signed a contract or not. the cable company rents the easements thru the franchise agreements. i often have to run main lines thru properties that have never had cable at all and it really doesnt matter. fact is truth be told some days the homeowner makes my day. its kind of fun knowing your correct and they are wrong and kind of funny watching the police handle it. and yes cut a line and you run a real risk of going to jail.<br> </div>A contract is civil matter and not legal matter. Unless owner is in violation of law or court order, cops can't do much. So go ahead and call them all you want. If cops threatens me to arrest me, i will just escalate it to his supervisor. If needed i will get lawyer(s) involved. I just don't see a cop arresting me for refusing you access to my property without court order]]></description>
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<pubDate>Wed, 30 Jan 2008 20:31:39 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19905571</link>
<description><![CDATA[rody_44 posted :  i didnt read the last 2 pages of posts. but i will comment on a couple of issues. one being is i do often use the police in the course of doing my job. its just easier for me to get the police involved from the get go when the homeowner is going to be a dick.  i try to reason with them but when they reach my limits i just call the police to handle it. unlike what is mentioned in this thread it really doesnt matter whether you signed a contract or not. the cable company rents the easements thru the franchise agreements. i often have to run main lines thru properties that have never had cable at all and it really doesnt matter. fact is truth be told some days the homeowner makes my day. its kind of fun knowing your correct and they are wrong and kind of funny watching the police handle it. and yes cut a line and you run a real risk of going to jail.]]></description>
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<pubDate>Wed, 30 Jan 2008 20:02:35 EDT</pubDate>
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<title>Re: Can Comcast Dig Up My Yard?</title>
<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19903937</link>
<description><![CDATA[plat2on1 posted : <div class="bquote"><small>said by ultracooldave :</small><br><br>kpatterson, just in case you did not know, cutting off a working utility is a criminal act, whether its there legally or not you will be arrested so you may not be correct in believing in your "bluff" working.<br> </div>whether its criminal or not i doubt wow cared, they still would have to clean up the mess if he did it.]]></description>
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<pubDate>Wed, 30 Jan 2008 15:34:36 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19903929</link>
<description><![CDATA[theelviscerator posted : Can imageshack serve up photos?<br><br>my word they are slow to dl on my 8 meg connection..<br><br>Looks okay to me..<br><br>in the spring they will seed it...]]></description>
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<pubDate>Wed, 30 Jan 2008 15:33:50 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19903874</link>
<description><![CDATA[CableDaddy3 posted : <div class="bquote"><small>said by ultracooldave :</small><br><br>kpatterson, just in case you did not know, cutting off a working utility is a criminal act, whether its there legally or not you will be arrested so you may not be correct in believing in your "bluff" working.<br> </div>They didn't believe his bluff. They realized how important it was to him to have the line moved. It's called customer service. And he said he knew he couldn't cut the line.]]></description>
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<pubDate>Wed, 30 Jan 2008 15:26:25 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19903868</link>
<description><![CDATA[anon posted : kpatterson, just in case you did not know, cutting off a working utility is a criminal act, whether its there legally or not you will be arrested so you may not be correct in believing in your "bluff" working.]]></description>
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<pubDate>Wed, 30 Jan 2008 15:25:00 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19903855</link>
<description><![CDATA[CableDaddy3 posted : Yeah, contractors can sure slow things down. It would be a lot easier if the companies just did their own work instead of contracting it out. But, it's cheaper to have contractors. It's easier to get rid of contractors when the work is slow vs. in house techs. It would sure make life easier for the customer though.]]></description>
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<pubDate>Wed, 30 Jan 2008 15:22:38 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19903849</link>
<description><![CDATA[CableDaddy3 posted : Accident or not, the drop was illegally installed, true. That doesn't give them the right to go back on the property. They do, however, retain the easement rights. Again, doesn't matter if anything was signed. Easement rights are granted without permission from the landowner, the rest of the property - NO. The drop line from the ped to the house does not require a permit to build over. It's just a fricken drop. He can cut it out himself, if he so desires. He can't, however, touch the mianline. It's not an easement trench, its a 1 - 12 inch cut in the sod and a line put under it. Even if he did sign something, there would be no justification to replace an unactive drop. If the drop needed upgraded they would do it if he chose to subscribe. Not before. We're talking about two different things here. One is easement right of way, and the other is property access via a contract. TWO COMPLETELY DIFFERENT THINGS. If we're talking about the easement, don't bring up the contract. If we're talking about the contract, don't bring up the easement.]]></description>
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<pubDate>Wed, 30 Jan 2008 15:21:08 EDT</pubDate>
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<description><![CDATA[anon posted : cabbledaddy3, you are right! At least in my area cable has no right to even be on your property, unless you sign a contract giving them that right and more!<br>In California you cannot get a permit to build over a utility trench or build anything that may obstruct access. I'd be surprised if it wasn't that way everywhere.<br>If his trench was illegally installed he would have an excellant legal case, truth of the matter-he signed the contract and its there legally. Yes, he could negioate with Comcast and get their permission to move the trench so he could build something and he would pay the full costs of this. It would be entirely up to Comcast, they could legally so no, unless there are local regulations covering this situation]]></description>
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<pubDate>Wed, 30 Jan 2008 15:13:57 EDT</pubDate>
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<description><![CDATA[K Patterson posted : Agreed - but a further comlication was that AEP, WOW, and TW used subcontractors - two for AEP.]]></description>
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<pubDate>Wed, 30 Jan 2008 15:13:25 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19903772</link>
<description><![CDATA[CableDaddy3 posted : Great. Seems a smaller company, like WOW, is a double edged sword. Many times they will try and solve issues with customers quickly, which is why they get the JD Powers award for customer satisfaction. On the other hand, the stuff like doing a pole transfer doesn't "directly relate to the customer's service" and tends to get pushed behind due to lack of man power. I've seen my share of that as well. I do know, however, that they go to great lengths, usually, to keep someone happy. Whether they are a customer or not. Most of their business is generated by word of mouth. If someone objects to their equipment, they have been known to move it. In your case, they would have eventually moved the pole, but you had to put a deadline on it for them to get right on it.  That is something you shouldn't have had to do. When the electric company moved their lines, they would have contacted the other utilities and told them to move theirs.]]></description>
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<pubDate>Wed, 30 Jan 2008 15:10:04 EDT</pubDate>
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<description><![CDATA[K Patterson posted : You are 100% correct.  I left out some detail because my post was getting long.<br><br>The problem was one of timing.  ABC (now ATT) had a strike deadline approaching.  If they didn't do their job proptly I would have been stuck with two poles until the end of the strike and for some time thereafter until they caught up on more important jobs.<br><br>My cable company is Time Warner.  They were rpompt and efficient.  The problem was WOW.  I threatened to cut their feeder line if they weren't off the pole by a certain date.  I couldn't have gotten away with that, but my bluff worked.  They move the last wires, I cut the old pole down, dug out the butt, and left the pieces in the street for AEP to pick up.]]></description>
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<pubDate>Wed, 30 Jan 2008 15:00:35 EDT</pubDate>
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<description><![CDATA[CableDaddy3 posted : <div class="bquote"><small>said by <a href="/profile/1338989" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1338989');">K Patterson</a>:</small><br><br>AEP wanted to change the way power was delivered to my house and that of a couple of neighbors. They wanted to bring primary to within 20 feet of two homes. Se said no, and they were stuck because, while they had an easement for the pole and the existing line path, they didn't have an easment for the new path. We negotiated a better location for the pole and then granted easements. It turned into a big mess with the phone and cable companies on the pole<br> </div>Confused a bit. Technically cable and phone are supposed to follow power. When you renegotiated the path of power, cable and phone should have been moved with them, correct? Also, if the power company owns the poles and rents them to the other utilities, wouldn't that also force cable to move their lines following because the power co. would have given up the old easement? Not sure I made those questions clear, but hopefully you can do your best to decipher and answer.]]></description>
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<pubDate>Wed, 30 Jan 2008 14:55:09 EDT</pubDate>
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<link>http://www.dslreports.com/forum/Re-Can-Comcast-Dig-Up-My-Yard-19903676</link>
<description><![CDATA[CableDaddy3 posted : <div class="bquote"><small>said by GreyHound :</small><br><br><div class="bquote"><small>said by <a href="/profile/1178119" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1178119');">CableDaddy3</a>:</small><br><br>That's like a greyhound bus going from new york to florida and deciding the traffic is to heavy and it would be easier to take the passengers to new jersey, so you drop them off at New Jersey instead. </div>That is not necessarily a good comparison to bolster your position. Have you ever taken a GreyHound bus trip?  ;)<br> </div>Hehe, not recently. :)]]></description>
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<pubDate>Wed, 30 Jan 2008 14:51:50 EDT</pubDate>
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<description><![CDATA[anon posted : <div class="bquote"><small>said by <a href="/profile/1178119" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1178119');">CableDaddy3</a>:</small><br><br>That's like a greyhound bus going from new york to florida and deciding the traffic is to heavy and it would be easier to take the passengers to new jersey, so you drop them off at New Jersey instead. </div>That is not necessarily a good comparison to bolster your position. Have you ever taken a GreyHound bus trip?  ;)]]></description>
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<pubDate>Wed, 30 Jan 2008 14:49:50 EDT</pubDate>
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