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nokiatech

join:2000-10-18
Stuart, FL
reply to marcusa007

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

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:8
If I had to do this I would be dying laughing the whole time I was doing it .


wesm
Premium
join:1999-07-29
Seattle, WA
Reviews:
·CenturyLink
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:8
^^^^

Lol

Ahuacamolli

join:2001-11-30
Rancho Santa Fe, CA
Reviews:
·Charter
·Pacific Bell - SBC

2 edits
reply to marcusa007
Unless, and until you are absolutely certain that there is no recorded, or prescriptive easement, I would suggest that you not sever or damage that wire.

I suggest that you contact an experienced, reputable real estate attorney. A reputable attorney will not charge you for an initial consultation to determine whether or not you have any claim. Take a copy of your title insurance policy (Which will show all recorded and observed prescriptive easements as exceptions affecting your ownership of your property) with you to the attorney.

The attorney will likely advise you to

A. Contact the utility in writing asking them what right they have to run the line across your yard. He'll also likely offer to conduct that contact on your behalf, for a fee.

B. Advise you to file a report of trespassing with your local law enforcement agency.

Consider:

1. What are the damages to you?

2. The possibility that what you see is simply a dropped aerial wire that was running between the pole and the home to which it is/was connected.

3. The possibility that such an aerial drop line might be permitted as an ancillary right with a recorded easement.

4. Utility companies generally have the right of access to exercise their rights. In some states, and except in a case of emergency, the utility must provide prior notice of their exercise of such right. In California such notice must be in writing, and provided at least 72 hours in advance.

Bottom line, you're spinning your wheels needlessly, and possibly making it extremely easy for the utility to take advantage of you, unless you contact an attorney.

I live in California where I once had a cable company enter my backyard, without any notification, by jumping over a locked gate (breaking the latch and one of two hinges) marked with a no trespassing sign, WHILE I WAS HOME, to gain access to a telephone pole in the backyard of an adjoining neighbor, in order to install service to yet another neighbor. Mine was the only yard without a dog present. It was my dog who was in the house with me who alerted me to an intruder and, once allowed to go outside into the backyard, prevented the cable installer's escape until the local police department arrived. Within 4 weeks, and with the representation of an attorney, the cable company settled my claim against them, without the filing of any court action, with a check for $11,500.00, and my signature upon a document relinquishing my right to pursue the matter further. The attorney took his 40% from that award, less the $500.00 he'd charged me for writing the letters and conducting the telephone conversations with the cable company's attorneys.

Some things are worth pursuing. Some aren't.

en103

join:2011-05-02
Reviews:
·Time Warner Cable
reply to maxboha
said by maxboha:

Time to get out your lawnmower !

Yup... I would be running my mower as well. I don't expect a black cord to be running across the middle of my yard.


marcusa007

@verizon.net
reply to wesm
Very interesting take with the 911. Definitely don't want to get the short end of the stick There have been crazy developments on Sunday. Remember the pitbull I mentioned? Well he decided to jump the fence Saturday to Sunday night. Sadly he was chained up and when he did that he hung himself, hanging on my side of the fence. I noticed that he was hanging there around lunch. I called animal control and they showed up with the police and got the dog to be cremated. Since I had a policeman right next to me I told him that I have been having issues with the cable since Thursday night and that I have called At&t to give them a 12 hour notice or I will remove it. I had also told him that a child has tripped. He said he understands where I am coming from and told me to get legal advice before I do anything to the cable. He told me I would be surprised at what rights the phone companies have. He said better safe then sorry. Awesome weekend. So no cutting Welcome to Russia.


Darknessfall
Premium
join:2012-08-17
kudos:8
Crazy O_O.


BronsCon

join:2003-10-24
Walnut Creek, CA
reply to marcusa007
said by marcusa007 :

Welcome to Russia.

In Soviet Back Yard, cord cuts YOU!


vz sux

@optonline.net
reply to marcusa007
its low voltage 48 volts dc just take a pair of wire cutters and cut it. It looks like they laid it on the grass for temporary service, but they shouldn't have done it without asking permission, they went on your property without permission. easements are only when they are going to place a pole in your yard, or dig it up to bury the cable for a permanent thing

Hellrazor
Bah Humbug

join:2002-02-02
Abyss, PA
reply to marcusa007
Mistakenly loop it over the ball hitch on someones vehicle... oooooops

Austinloop

join:2001-08-19
Austin, TX
kudos:1
reply to vz sux
Your knowledge of easements are somewhat lacking.


cowboyro
Premium
join:2000-10-11
Shelton, CT
reply to marcusa007
Obviously it's a cable they forgot to remove. So you do them a favor and remove it for them after it accidentally gets caught in the mower... I wouldn't hesitate for a second.

scross

join:2002-09-13
Cordova, TN
reply to vz sux
said by vz sux :

its low voltage 48 volts dc just take a pair of wire cutters and cut it. It looks like they laid it on the grass for temporary service, but they shouldn't have done it without asking permission, they went on your property without permission. easements are only when they are going to place a pole in your yard, or dig it up to bury the cable for a permanent thing

IIRC, ring voltage is something like 100+ volts AC, so just hope the phone doesn't ring while you're messing around.


insomniac84

join:2002-01-03
Schererville, IN

1 edit
reply to marcusa007
said by marcusa007 :

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.

Cut the cable, they will be out to rerun it as soon as the new customer calls them about a lack of service.

As long as the cable line is working for the customer, you are at the bottom of the line for any tech to come out and fix it. It could be there until next summer, or never even fixed. You cut that cable, they will fix it within a day.

The way the work is prioritized is probably out of the tech's hands. If they get caught wasting time on low priority work, they get in trouble. You cut the cable, they can then get past the red tape and fix it.

8744675

join:2000-10-10
Decatur, GA
reply to marcusa007
It's time to mow the back yard. Cable and all~!


ropeguru
Premium
join:2001-01-25
Mechanicsville, VA

1 recommendation

reply to marcusa007
My opinion, the repair tech that came out did not have enough cable to run the poperty line and easement. So he took what he had on the truck and took the most direct route to get it to work.

He should be fired. But as someone else mentioned, he is probably a CWA worker and will get promoted instead.


SlowFITL

join:2012-02-01
Mobile, AL

1 edit
reply to marcusa007
If you leave it like it is, they may bury it right where it lies. Cut it now before they can.


ATTSucksKoK

@sbcglobal.net
I will cut the damn thing since you have a survey map showing where the easement is.


mackey
Premium
join:2007-08-20
kudos:14
reply to scross
said by scross:

said by vz sux :

its low voltage 48 volts dc just take a pair of wire cutters and cut it. It looks like they laid it on the grass for temporary service, but they shouldn't have done it without asking permission, they went on your property without permission. easements are only when they are going to place a pole in your yard, or dig it up to bury the cable for a permanent thing

IIRC, ring voltage is something like 100+ volts AC, so just hope the phone doesn't ring while you're messing around.

Doesn't matter, it's current limited. It might sting a bit but it won't kill you. They wouldn't leave the binding posts and punchdown blocks exposed like they do if it could cause serious injury.

/M


DeeplyShroud

@coastaccess.com
I wouldn't cut the cable if I were you.
Suppose you cut it, and your neighbor needs 911.
That neighbor could end up suing you, even though you are within
your so-called rights. (We don't have rights anymore in this country.)
I do agree though that the installer should have asked you if it was OK
to run a temporary line. Me, I wouldn't have a problem with it if asked,
but it seems these installers think they can do what they want.
Still though, CYA.....


pokesph
It Is Almost Fast
Premium
join:2001-06-25
Sacramento, CA
kudos:1
Reviews:
·Comcast
reply to marcusa007
yank on it real hard to disco it from the source and coil it up and throw the coiled cable over your neighbors (the att customer's) fence. done.

seriously, I'd be all over AT&T until they sent out a tech supervisor to remove it.

Consult legal advice and charge att rent for the time the cable was using your yard for access, outside the easement.
--
Webmaster - Steve
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»www.1-gb.net
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keef

@verizon.net
reply to marcusa007
Here is what I would do -- I would put a "nick" in the cable that will disrupt the service -- something that is not readily apparent to the eye. This way you skip the idea of cutting it, but you still force the tech to visit the property.

Once he arrives, whip out your fancy diagram above, and kindly explain to him where he went wrong and request that he fix it accordingly.

sparks

join:2001-07-08
Little Rock, AR
reply to marcusa007
ok whats happening today.
This is like a tv show but better.