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Tractor Talk Discussion Board

Re: O.T. Power Company Tree Clearing, Trimming etc.


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Posted by jdemaris on June 05, 2008 at 09:07:18 from (67.142.130.12):

In Reply to: O.T. Power Company Tree Clearing, Trimming etc. posted by Billy NY on June 05, 2008 at 08:00:41:

They have no rights whatsover - unless they have a deeded easement - when it comes to property they do not own. It's that simple. And, even with a written easement - the wood is yours - they can' take it away if you want it.

I don't know if you have NYSEG (soon to be owned by a company in Spain) or National Grid - former Niagra Mohawk and now owned by a company in England. They both will bully people and usually get away with it. I've had them thrown off my land by State Police and also chained their crawler to a tree once - and would not let them get it back until they paid me damages.

It goes like this. They aren't going to install power-lines anywhere UNLESS they've secrued some sort of permanent easement - or purchased the property. So, if they have lines - they have permission - somewhere. And that permission depends exactly on what is written in the agreement. The varies - since some property owners agree to anything - and other's are more careful.

I've got eight different rural properties in New York - in Hamilton, Jefferson, and Otsego Counties. Every one of has power lines - along the road and interior. Keep in mind - that few towns own roads either. So, if a power line runs down the road - on your side - you probably own the property the lines are on.

I have a few lines through my fields - and the ROW reads - they have the right to maintain the lines and cut trees - when necessary. "Necessary to be determined by them - but - I must be asked first if available. All brush must be removed. Any interence in crop production - and I get compensated.

I have several more - and they are all different. If you want to know about your own - read the written agreement. The Power Company usually does NOT file these with public records. They store in their own files - and whatever person owned the property at the time the agreement was made had a copy. So - for you to search - you have to find out what year the power lines were put in - then track County deed records and find out the name of the property owners then. Then, call the power-company - and give them that name - since the easements are filed alphabetically by property owner AT the time the agreement was written.

Or - make them produce the easement when they try to enter your property. It is their responsibility to prove their right to enter your land - and not the converse. If they refuse - call the State Police for trespassing. Then, they'll produce the records very fast.


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