My question involves real estate located in the State of: Florida
Hubby and I are buying land in Holmes County, FL. It's a large property, 35 acres, and there is a power line run across it from the highway, to a neighbor's home. Upon investigation, we have determined there was never an official easement given for this line, there's nothing that turned up in title search, and the seller says that her grandfather simply allowed the neighbor to run the line across to save money, vs running the line down the dirt road that goes to their property, which would have been a longer distance.
The dirt road is county maintained, and has no power line run down it currently.
We would prefer to make the power company remove their line from our property and run it down the county dirt road instead. The power company has not maintained the property under the power line, and in fact, trees are growing up into the line at this point.
Assuming the neighbor cannot prove he bought the easement or got it deeded to him, and also that the power company cannot prove an easement was granted, can we make them move it off our land?
The line runs right through an area where we'd like to be able to build.
EDIT: Also, would our owner's title insurance policy be any help if the neighbor produced a document giving him an easement?
Hubby and I are buying land in Holmes County, FL. It's a large property, 35 acres, and there is a power line run across it from the highway, to a neighbor's home. Upon investigation, we have determined there was never an official easement given for this line, there's nothing that turned up in title search, and the seller says that her grandfather simply allowed the neighbor to run the line across to save money, vs running the line down the dirt road that goes to their property, which would have been a longer distance.
The dirt road is county maintained, and has no power line run down it currently.
We would prefer to make the power company remove their line from our property and run it down the county dirt road instead. The power company has not maintained the property under the power line, and in fact, trees are growing up into the line at this point.
Assuming the neighbor cannot prove he bought the easement or got it deeded to him, and also that the power company cannot prove an easement was granted, can we make them move it off our land?
The line runs right through an area where we'd like to be able to build.
EDIT: Also, would our owner's title insurance policy be any help if the neighbor produced a document giving him an easement?
Termination: Power Line Crosses My Property with No Legal Easement, How to Remove
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