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taraf
join:2011-05-07
Ottawa, ON

taraf to dillyhammer

Member

to dillyhammer

Re: Door to Door Bell Salesman

said by dillyhammer:

said by taraf:

If there's anything in there about the company representatives having unfettered access to your meter, then while I'm sorry to hear about your gate, perhaps the fault is in your having a non-standard gate mechanism? Or in requiring the company reps to go through a gate in the first place?

Unfettered access requirements in a contract do not include damage to private property. It takes a court order to do that.

I'd be putting an IP cam on that gate, and putting all the companies on notice.

Mike

If your private property is preventing them from accessing their private property (they own the meter), then it's fair game. It's just like when Bell has a pedestal that happens to be on your property... you cannot legally prevent them from accessing it, and if it's behind a locked gate, they will use bolt cutters to destroy the lock. You have no recourse, because your "private" property was preventing them from doing their job as a public utility: they might reimburse you for damages as a courtesy, but they have no obligation to. It's the same as what happens if you park in front of a fire hydrant... if they need access to it, they're not going to call you to get you to come move your car, they're going to ram your car and push it out of the way, and then send you the bill for repairing their truck.

The thing is... you don't own your property. You're leasing it from the city. That's why you pay property tax. It is, for all intents and purposes, "private", but if a public utility needs access to it, they don't need to ask your permission. If they do, it's strictly a courtesy, and if you refuse and try to bar their access, you could go to jail for your trouble.

dillyhammer
START me up
Premium Member
join:2010-01-09
Scarborough, ON

dillyhammer

Premium Member

said by taraf:

If your private property is preventing them from accessing their private property (they own the meter), then it's fair game. It's just like when Bell has a pedestal that happens to be on your property... you cannot legally prevent them from accessing it, and if it's behind a locked gate, they will use bolt cutters to destroy the lock. You have no recourse, because your "private" property was preventing them from doing their job as a public utility: they might reimburse you for damages as a courtesy, but they have no obligation to. It's the same as what happens if you park in front of a fire hydrant... if they need access to it, they're not going to call you to get you to come move your car, they're going to ram your car and push it out of the way, and then send you the bill for repairing their truck.

Bell peds, that's not an unfettered access requirement in a contract. That's a legal easement.

There are many types of meters which are located in areas on private property inaccessible by default to a reader and an appointment or scheduled time is necessary to read them.

If they can't read the meter, they estimate.

It may not take a court order to break your gate, but it takes one to break mine. If you're knocking at my door that's one thing. If you're at my back gate with bolt cutters you best be having a police officer and a court order in hand, because AFAIC you're an armed intruder and will be treated as such very quickly.

Mike

Ott_Cable
@teksavvy.com

Ott_Cable to taraf

Anon

to taraf
>It's the same as what happens if you park in front of a fire hydrant...

Actually that is not exactly the same situation as the rights that the fireman have access to the fire hydrant that you are blocking. One is a time critical public safety with someone's life at stalk while the other one can wait.