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marcusa007

@sbcglobal.net

At&t ran cable through my yard without having an easement

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Property Layout
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Cable through yard
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Cable through yard
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Cable through yard
I came home the Thursday evening after dark and went into the back yard to roll up my extension cord since the yard guy was scheduled to come on Friday. While rolling up my cable I noticed that it was stuck on another cable. I followed the cable and found that it was running diagonally from one corner to the other. I have no telephone pole or box in my yard. I was a bit upset since I was not notified. On the picture attached you can see my house. What the satellite picture doesn't show is the fence changes that I have made. Their is no divider between the two yards that I own. Just made one side much bigger. The opening that you see where the white car is, is now closed. The other side has a locked gate that is now where the fence starts. On the back of the property you see a canal and a green strip that is easily accessed since the new customer's home is the last one on the block and all you have to do is walk around the property. The phone poll and the box are located on the property next to mine in the back corner. Not on my property! My issue is that I was not notified and the only way the tech ran the cable (displayed in orange) is by climbing over my fence. I know this since the wire is run under my fence. What should have been done (in blue) is run the wire along the new customers fence line and used the green strip behind the properties. This is almost the same distance and the same number of fences to fiddle the wire under. Instead we don't ask for permission and run the cable right through the middle of my yard that anyone could trip over. Now I also found out that they will dig the cable into the ground. Not in my yard without permission:(. I understand the whole easement thing and that is not the case here. This is called a lazy installer. I have called AT&T and they are about as helpful as talking to a rock I was supposed to get a field supervisor to call me on Friday. Nothing! I called back and was told they are running behind and would get all call first thing in the morning. Again, nothing. Is there anything I can do legally to get this taken care of.


0zero01
Premium
join:2000-08-01
Bremerton, WA

1 recommendation

I would have immediately cut it out of my yard. It's a trespass. You are well within your rights to remove it off your property.


BlueMist

join:2011-01-24
Cookeville, TN

1 edit
reply to marcusa007
At my place I'd check with the city attorney first and verify that there is indeed no easement in place.

Many times home owners are not advised of one that was put in by the original property developer.

Then if no easement is in place I would send AT&T a registered letter to the legal address of record that the city attorney has for them advising they have X number of days to remove the cable from your property after which time it will be removed for them. Don't let the city attorney's office snow you, they have to have an address of record for all companies doing business in the city, legally that is...

In the registered letter specify the facts, that it is illegally on your property, and the exact date/time the cable will be removed (cut) if AT&T does not remover it prior to that date/time.

I'd forward a copy of the letter to the house where the cable is presently terminated to stop them from calling the police or some other foolishness when their cable quits.

I hope you use don't use AT&T for anything at your house...

davidhoffman
Premium
join:2009-11-19
Warner Robins, GA
kudos:3
reply to marcusa007
Somethings here do not make sense to me. How old is the house that the cable is run to? How old is this housing development? I have never seen a phone company do this. Cable company ,yes. In my area the phone company usually runs the wires to the house after construction of the house but before the landscaping is done. That way trenches for wires, if needed, are in before landscaping. What city or county is this in? Also, I have generally seen that aerial wires stay aerial to the house. My grandmother's house was about the same distance from the pole as the house in question and I remember an entire aerial run from the pole to the house for telephone.


marcusa007

@sbcglobal.net
reply to marcusa007
I will look up the info and contact the city attorney. I do use them for internet service but that does not mean that my property rights go out the window when they want to service another property. If it is an issue and they terminate my service so be it, they are not the only one that offers internet. After all they are using my property without my consent to make money from a service they are providing to someone else.


OSUGoose

join:2007-12-27
Columbus, OH
reply to 0zero01
Agree, while AT&T clearly screwed up, and they will give you a run around, cut the cable at both ends of the fence, when a tech comes out to fix it he will realize why it was cut and re route it properly.


marcusa007

@sbcglobal.net
reply to davidhoffman
The house was built in the 80s, the development was built the same time period. It is an odd situation. From what AT&T told me it is phone what the homeowner told me is TV.


marcusa007

@sbcglobal.net
reply to davidhoffman
This is in North Richland Hills, TX in Tarrant county.


marcusa007

@sbcglobal.net
reply to BlueMist
Click for full size
So after reading your post I pulled my survey. It shows that part of the 5' utility easement reaches into my property by about 2 feet. Theoretically that would give them the right to access the property from their but does that give them the right to run a cable all the way through my yard. Especially if the same thing can be accomplished without getting into my yard. From the first picture you can see the pole and box are located in the drive way of a house that has no gate. You can walk right up to it. Also if they do have the right to temporary run the wire across, do they have the right to bury the wire in my yard all the way across?


cfm117

join:2004-02-13
Woodland Hills, CA
reply to BlueMist
The most likely scenario is that the permanent buried drop is defective and this is temp service until the other one is dug up and repaired. It's done all the time but not usually cutting across yards like that.


dsl14350

join:2005-06-16
Holland, MI

1 recommendation

reply to marcusa007
you want fast action, cut the cable!

maxboha

join:2012-05-12
reply to marcusa007
Time to get out your lawnmower !


BlueMist

join:2011-01-24
Cookeville, TN
reply to marcusa007
From what I have read here it appears that AT&T does have the right to run the cable inside your yard as long as they stay with in the easement.

The cable should have continued down the easement until it reached the property line of the house they wanted to terminate it at and then crossed that yard and into the house.

Unless you are at odds with the neighbor who is being supported by this cable you might want to ask them what they were told about the cable. It might indeed be a temporary fix until a new cable is properly buried. In our area similar situations have occurred during the winter months which later on were forgotten about by the company responsible for later burying the cable. Usually a letter to the editor of the local newspaper embarrasses them enough to get the problem fixed if they try to play phone tag.

In my area the utility companies have the right to remove any fences installed on easements they use during repair or maintenance actions, like replacing buried cables or to cut down trees that are on the easement which are interfering with overhead cables. It is up to the home owner(s) to later pay someone else to repair or replace the fence.

Either way it appears that the technician was at fault by not following the easement all the way to the problem house but then again many times they are not told of it's exact size or location, just to get the problem fixed.

If you can not get proper answers from them by phone you might consider consulting a local attorney and have them write the registered letter advising AT&T of the problem, and requesting when the "temporary" cable will be removed and a permanent solution installed while still remaining with in their easement and not where the temporary cable is currently located.

davidhoffman
Premium
join:2009-11-19
Warner Robins, GA
kudos:3
reply to marcusa007
Can you see any markings on the cable? Most cable is imprinted with specifications every few feet.


marcusa007

@sbcglobal.net
The cable has the following marking: SUPERIOR ESSEX T 06/24/12 2X22 BW NS 670 FEET


marcusa007

@sbcglobal.net
reply to BlueMist
Thanks for coming back on and shedding more light on this. The issue is that I don't want more of my yard to become an easement because I kept quite about it. I also can't stand that neighbor due to the fact that he keeps has dog chained up in 100 plus degree weather without ever seeing if he is ok. I have nothing that I want to say to the man. He is scum for treating an animal like that. The only reason I have not called animal control is that if they take the dog he surely will be put down. He is a pitbull and almost no chance to be adopted. I hate that choice Maybe that is why the installer chose my yard instead. Maybe he was scared of the dog. LOL


Shadow01
Premium
join:2003-10-24
Wasteland
call att repair and tell them that they have 12 hrs to move the wire back into the easement or you will remove it for them. Anything outside the easement is on private property and they need your permission to place it there. Be polite but firm on your timetable for removal.
--
»the53.tumblr.com/


michieru
Premium
join:2009-07-25
Miami, FL
Reviews:
·Comcast Business..
reply to marcusa007
If I saw this I would first confront the neighbor about it because there is no way in hell this could of been a professional installers work and if so he or she should be fired. Second If the install was indeed from AT&T or the cable company I would call them immediately to remove the wiring and they have the next business day to do so. If they don't like that answer then get a attorney involved with more damages like "trespassing on private property" among the many other bullshit excuses the attorney can come up with. They will quickly remove the wire and think twice about such an action.

scross

join:2002-09-13
Cordova, TN
reply to marcusa007
I actually have a small phone wiring box in the rear corner of my backyard, which most of the time I all but forget is there. It of course feeds my house and all of my neighbors, where the buried wiring nicely follows the fence line (I know this because I've had it marked out for me before). In the 25 years I've lived here, where at least one of us was usually at home during the day, I only know of it having been accessed maybe twice. Both times the phone company tech was very polite, professional, and organized, and came to the door first before going into the back yard.

The cable company, on the other hand, has never been anything like this professional. They've unexpectedly left temporary cable connections running through both my front and back yards (and my neighbors'), have shown up at ungodly hours to do trenching work, have left their boxes open and exposed to the weather, have left junk (excess cable and sometimes far more expensive stuff) just lying around, never to be reclaimed unless I called it in, and so on. And once when I asked a cable repairman why my cable connection ran all the way up the side of my driveway, all around my back yard, then back down the other side of my house, instead of taking a far more direct route (it was at least twice as long as it needed to be), I was told "Because we're contractors, and we're paid by the foot!"

And the pit bull thing: I don't know where you live, but around here those dogs go for a premium! And there is a high probability that it would get stolen.


marcusa007

@sbcglobal.net
reply to marcusa007
So tired of dealing with this bunch of incompetent idiots at AT&T. I called today at 11 am to let them know that I am done with their games and they have 12 hours to remove the cable or I will remove it for them. One of the guys slipped and told me they passed the ticket to a field supervisor on Saturday at 11 am. WTF? I called at 9 am on Friday and was told that it would be done right away. So I guess when I called Saturday morning pissed off that no one came by or returned my call, they finally send the ticket out. Tired of the games. It is Holiday weekend and I am having people over at different times and one kid has already tripped over this cable. They have their final notice and it will be cut today.

nokiatech

join:2000-10-18
Stuart, FL
What are you waiting for? It's been 4 days. Go cut it already.


Anonymous_
Anonymous
Premium
join:2004-06-21
127.0.0.1
kudos:2
Reviews:
·Time Warner Cable
reply to marcusa007
said by marcusa007 :

So tired of dealing with this bunch of incompetent idiots at AT&T. I called today at 11 am to let them know that I am done with their games and they have 12 hours to remove the cable or I will remove it for them. One of the guys slipped and told me they passed the ticket to a field supervisor on Saturday at 11 am. WTF? I called at 9 am on Friday and was told that it would be done right away. So I guess when I called Saturday morning pissed off that no one came by or returned my call, they finally send the ticket out. Tired of the games. It is Holiday weekend and I am having people over at different times and one kid has already tripped over this cable. They have their final notice and it will be cut today.

just cut the cable all ready.

lawn mowers do a good job.


Darknessfall
Premium
join:2012-08-17
kudos:6
If I had to do this I would be dying laughing the whole time I was doing it .


wesm
Premium
join:1999-07-29
Redmond, WA
reply to marcusa007
You can remove items that are not inside the easement, EXCEPT for devices that carry 911 service. Under Texas law, it is illegal (and, depending on what happens if/after you do it, a felony) to interrupt 911 access even if the device in question is on your property and shouldn't be there. If AT&T has told you that the cable is carrying phone service, tread very lightly. I have worked with a company in north Texas--I used to live there--that accidentally cut a 20 pair cable running to a building in an apartment complex. They got criminally fined for all of the telephone subscribers in that building who stopped having 911 access for five hours.

You can still sue AT&T and the homeowner for violating your property rights (especially since you're not subject to arbitration under an AT&T contract because you're not an AT&T subscriber in this instance) but I'd be leery of chopping that cable to bits, knowing what you've told us here.


Cheese
Premium
join:2003-10-26
Naples, FL
kudos:1
I thought he was with ATT and is the homeowner?


Camaro
Question everything
Premium
join:2008-04-05
Westfield, MA
kudos:1
reply to marcusa007
Someone isn't going to have a job real soon when they figure out what boob did that.


KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
reply to marcusa007
Looks like a temporary service drop to me. Either way it's still BS, the should have run it along the property lines (in the easement.)

You can call them and tell them to come move it or you could just weed whack it or have your dog chew it. That would work too.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

MrFixit1

join:1999-11-26
Madison, WI
reply to marcusa007
"and one kid has already tripped over this cable "
I wonder how ATT would react when you call and ask them for the claim forms related to injures caused be their illegally routed cable


battleop

join:2005-09-28
00000
reply to Camaro
"Someone isn't going to have a job real soon when they figure out what boob did that."

No, the CWA will see that this guy is promoted.
--
I do not, have not, and will not work for AT&T/Comcast/Verizon/Charter or similar sized company.


Darknessfall
Premium
join:2012-08-17
kudos:6
^^^^

Lol