mardi 28 mars 2017

Use and Enforcement: Utility Removal on Private Property

Hello,


There is a utility 30’, class 5, on my property and I want it removed because it will be in direct conflict with the future installment of a fence. The picture i have provided indicates the markings. I have called the manufacturer, and they have advised me that I should contact my local utilities. After speaking with the Southern California Edison Planning Department, I was offered the Customer Project Information Sheet (CIPS) to submit a request. However any costs for removing and relocating the pole and wires will be on the requester (me, the property owner). I do not want to pay the fees for relocating the utility pole. When I spoke with Edison the representative mentioned the pole belongs to Edison because of prescriptive rights. The pole markings indicate it has been inspected by Osmose in 2016. Not sure how they entered the property or if they had any rights under the “prescriptive easements”. There are three wires feeding the house from the pole.

I called the County Department of Building and Health and Safety and informed me there was nothing they could do, I called the California Public Utilities Commission, and they advised to file a complaint to investigate the issue and make a determination. I have check my title under Schedule B and it states under note 5: “Rights or claims of easements not recorded in the public records.”

Question: What kind of recourse do I have to avoid paying the fees for removing and relocating the pole and wires from my property?


Summary of Facts:

1. No easement on title
2. Edison can remove and relocate but I will have to pay all the fees and cost ($$$)
3. House located in East Los Angeles (unincorporated – falls under County jurisdiction)
4. The pole feeds wires to my house and my neighbors
5. Appears there are other communication lines on the pole.

I have included three links:

1. Picture of the pole manufacture
2. Picture of the pole inspection date
3. Picture of the pole on the fence line

Thank you so much for all your help and feeback!


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Use and Enforcement: Utility Removal on Private Property

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