Calzada
join:2012-02-09
Santa Ynez, CA | [Services] easement access we own a home on 1/2 acre. the original acre lot was legally divided into 2 1/2 acre parcels. there is an telephone pole on the property division line with no legal access (we reviewed info at purchase). Our home, and the above mentioned neighbor as well as 2 other homes, share a private (not city maintained) road. all 4 owners share easement rights over the road. There are posted No Trespassing signs on road and our property. Question: a Comcast tech aggressively attempted to gain access to the pole which is set back from the road by about 20 ft to provide service for our neighbors. we do not have Comcast service. We called the Sheriff, who told us they can get on at any time. Is this true? Also, can we put in a fence and locked gate. We don't intend to deny access definitively, we just want to know who and when strange men come on our property. What constitutes an "emergency" where immediate access is needed? |
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cramer
join:2007-04-10
Raleigh, NC
kudos:7 | Maybe? You're in CA.
I'd ask the sheriff to kindly produce the property records showing their utility easement. At some point in the past, they had to stick that pole in the ground; around here they do that without legal documentation. |
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 MichailPremium
join:2000-08-02
Boynton Beach, FL
kudos:1 | reply to Calzada
said by Calzada: We called the Sheriff, who told us they can get on at any time. Is this true?
Typically with an easement, yes.
You could check with the neighbor. By now they are probably getting irritated at Comcast for not turning service on. |
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 NetFixerFrom my cold dead handsPremium
join:2004-06-24
The Boro
 ·Comcast Business..
 ·Vonage
 ·Cingular Wireless
·Comcast
| reply to Calzada
You are looking for love in all the wrong places. 
Your beef is with Comcast, but this is a forum for AT&T DSL.
Your profile says that you live in Santa Ynez, CA, but this AT&T DSL forum is for the former BellSouth region (LA, MS, AL, TN, KY, NC, SC, GA, FL).
You need to look for property very far out in the boonies, where there is no electricity, telephone, or cable service (and perhaps no roads either).
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History does not long entrust the care of freedom to the weak or the timid.
-- Dwight D. Eisenhower |
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 DavidNow accepting new patientsPremium,VIP
join:2002-05-30
Granite City, IL
kudos:78
 ·DIRECTV
 ·AT&T Midwest
·magicjack.com
·Google Voice
·AT&T Southwest
| reply to Calzada
prenote: since this is about comcast I will just comment on the access.
Easement access to say a pole or equipment cabinet has always been a utility's right. In some cases if you block access, they can have the authorities as well as company representatives out there to discuss and or enforce access issues. |
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JoelC707Premium
join:2002-07-09
West Point, GA
kudos:5 | reply to Calzada
Aside from the other issues everyone else brought up I have a question for you. You state that there is a private road/driveway and you all share easement rights. Ignoring for the moment the fact that ALL utilities have easement rights as well let's look at something. If your neighbor, one of the 4 sharing easement rights as you call it, signed up for service, where is the issue? If the neighbor signed up for service then any access rights were granted at that time.
Now do something for me. Go out to that pole and look for a metal tag on it. This tag will show who owns that pole, assuming it hasn't been knocked off. Chances are the pole will be owned by CA's DWP (most likely if there is power on it) or by the local phone company. Whoever it is they own that pole as well as the rights to access that pole any time they please. As for everyone else attached to that pole, guess what, they pay rent to attach to it, therefore they get the same access rights.
You can have a fence up but make sure there is adequate access provided for any and all techs and NOT locked. If the gate is locked expect the work order to be cancelled or postponed and whoever is wanting service to be quite pissed off at whoever put the lock on there. If it's repair or something where there wouldn't be a scheduled visit, don't be surprise to see a cut lock laying in the ground. Oh and before you ask, if they need to get a truck or large equipment back there, that fence WILL come down. The good contractors will put it back up but fence or no fence, they are getting to what is rightfully theirs. |
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 r81984Fair and BalancedPremium
join:2001-11-14
Katy, TX
·row44
 ·AT&T U-Verse
·AT&T DSL Service
| reply to Calzada
If I was your neighbor I would hate you right now for blocking my cable install.
Why would you not let the guy do his job and connect the cable?
How was what the tech doing hurting you in any way?
Would you like it if your neighbors blocked an install or repair on your utilities???
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...brought to you by Carl's Jr. |
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