melmichigan Posted September 4, 2012 Share Posted September 4, 2012 (edited) Originally there was a four foot 'right of way' at the back of my property that had to be left open. That allowed an eight foot opening for the utility companies to come through and maintain lines and change out poles. Then they put in a subdivision behind me and fenced in all the yards. We put in our own fence two years ago butting up to their existing fences but made sure that the support poles are not in the 'right of way' and could be easily removed. Fast forward, the pole that sits in the corner of my backyard is now rotten. (Long story of neighbor emptying water onto the property illegally before we moved in.) The utility has marked it to be replaced. How are they going to get to this pole? You can't get a rig into my backyard (not that I would be ok with that anyway), and everyone has fenced the right of way? It irritates me to no end that the city allowed this in the first place, I would have just fenced from the 'right of way'. Edited September 4, 2012 by melmichigan Quote Link to comment Share on other sites More sharing options...
ChristyB in TN Posted September 4, 2012 Share Posted September 4, 2012 They can pretty much do whatever they want. You may have to remind someone of the right of way, do you happen to have a plat? Sometimes the county you live in will allow online access to the deed record (mine does) or you can mosey to the courthouse and pick it up. Sounds to me like some people built fences where they shouldn't have. If the utility company has to take a fence down, I believe they have to put it back. That may be a local thing, though. You can also call and ask! Quote Link to comment Share on other sites More sharing options...
melmichigan Posted September 4, 2012 Author Share Posted September 4, 2012 You have to have a permit to put up a fence, so the city allowed it knowing that they were in the right of way. I'm not sure what a plat is, I just know that the right of way exists because you cannot build a permanent structure within four feet of the back of the property. Quote Link to comment Share on other sites More sharing options...
creekland Posted September 4, 2012 Share Posted September 4, 2012 I just know that the right of way exists because you cannot build a permanent structure within four feet of the back of the property. That may just be a property line setback... very few places allow one to build permanent structures (houses, garages, etc) right up to the property line. Around here, if something is put on the right of way the company needing to access it can take it down and NOT have to put it back up or compensate the owner. I don't think they're allowed to charge the owner for taking it down, but I'm not 100% sure. Check your local laws to see what applies near you. Quote Link to comment Share on other sites More sharing options...
creekland Posted September 4, 2012 Share Posted September 4, 2012 I just checked with my Civil Engineer hubby who occasionally deals with this and he said: "They tell you not to put fences, trees, shrubbery, etc in the right of way, but it's not illegal to do so. You can put whatever you want there pending zoning. It's also not illegal for them to blitz it nor do they have to compensate the owner for doing so." Obviously, this applies where he works here in PA (and he's worked in VA, FL + SC). Quote Link to comment Share on other sites More sharing options...
Mommyof4ks Posted September 4, 2012 Share Posted September 4, 2012 That may just be a property line setback... very few places allow one to build permanent structures (houses, garages, etc) right up to the property line. Around here, if something is put on the right of way the company needing to access it can take it down and NOT have to put it back up or compensate the owner. I don't think they're allowed to charge the owner for taking it down, but I'm not 100% sure. Check your local laws to see what applies near you. This is how it is here too. The people who bought our old house put up a fence in the arial right of way, and the city can enter that area at any time to take care of poles or overhead lines, and they can move whatever they need to without putting it back. Quote Link to comment Share on other sites More sharing options...
melmichigan Posted September 4, 2012 Author Share Posted September 4, 2012 That may just be a property line setback... very few places allow one to build permanent structures (houses, garages, etc) right up to the property line. I'm wondering if they changed it when they put the subdivision in behind me? Before that I know there was a right of way since this was my DH's grandfather's house. I don't remember reading anything about it in any of our paperwork when the house was sold. Should there have been something in the paperwork? Quote Link to comment Share on other sites More sharing options...
Maeintx Posted September 4, 2012 Share Posted September 4, 2012 We have a utility that has right away too. Two years ago they came in to replace underground pipelines. We only border a small section on an odd angle since we are at the back of the culdesac. Technically none of the pipeline is on our property. They let us know they were coming, they took down the fences, they rebuilt the fences. They even paid for a weekend away for all the families that bordered the pipeline for that weekend because they were testing and pressurizing the line with water. It probably varies from state to state. Quote Link to comment Share on other sites More sharing options...
nukeswife Posted September 4, 2012 Share Posted September 4, 2012 I guess I'm confused by your irritation with the city for allowing the subdivision to put in a fence on the right of way considering you said you put your fence so that it butts right up to the other fence, so didn't you also put your fence on the right of way? If you were concerned about the city having to fix the pole at some time, why didn't you put your fence up in a way that would have the pole on the outside of it? Quote Link to comment Share on other sites More sharing options...
ErinE Posted September 4, 2012 Share Posted September 4, 2012 (edited) A plat is a drawing of the property showing easements and rights-of-way. In my experience, it was something we received at closing. If the pole is in your backyard then the pole should be in the right of way. The utility will probably take down a section of your fence to do the repair. It might put the fence back up, but in my area, I don't think this is required. FYI, I also learned that the utility AND their designated contractors can walk anywhere on my property as part of their survey of the right of way. ETA: The county might have a copy of the original plat. When we purchased an older home, we requested a copy from the county. Edited September 4, 2012 by ErinE Quote Link to comment Share on other sites More sharing options...
melmichigan Posted September 4, 2012 Author Share Posted September 4, 2012 I guess I'm confused by your irritation with the city for allowing the subdivision to put in a fence on the right of way considering you said you put your fence so that it butts right up to the other fence, so didn't you also put your fence on the right of way? If you were concerned about the city having to fix the pole at some time, why didn't you put your fence up in a way that would have the pole on the outside of it? I'm not worried about my fence. It would take about 5 minutes to pull the clip and my fencing would be gone. I made sure not to sink any posts in the right of way. If the neighbors hadn't already had fences up I would have done just as you suggested and stopped the fence prior to the right of way so as not to have to deal with it in the future. All the neighbors behind me had fencing along my back property line prior to our purchasing the house from the family, with poles obviously in the right of way. My problem is that now the utility is alluding to the fact that they are going to come through my yard because everyone built their fences in the right of way but me, only I can't figure out how they are going to come through my yard. :lol: Quote Link to comment Share on other sites More sharing options...
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