Electric Coop unable to produce Utility Easement

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Latest post Wed, Sep 9 2015 7:45 AM by gdubyab. 4 replies.
  • Wed, Sep 9 2015 5:01 AM

    • gdubyab
      Consumer
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    • Joined on Wed, Sep 9 2015
    • TX
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    Electric Coop unable to produce Utility Easement

    Recently purchased some land in the ETJ of my County that is served by a local electric coop.  

    When inquiring about setting up power for my property, the coop let me know that it would be ~$4500 to erect a pole and run line to my property.  When I pointed out that there were poles and lines currently running diaganolly across my property, I was told that I couldn't use those poles or lines.  

    At this point I asked the coop to produce the recorded easement agreement.  There response was that "these older easements are from the 1970's and early 1980's and are not recorded.  Easements in Texas do not need to be recorded to be legal, and it was cost-prohibitive for the Cooperative to record those years ago.  The way we keep our easements are on rolls, and we have them imaged as we need them.  In addition, the easements are signed by the landowners at the time the line was built.  We file those here at the coop under the name as well as with a map reference (which identifies the area for th easement).  I have 14 easements signed by various members of the family who owned that property many years ago.  I cannot specifically say which one of those easements is for that line running diagonally through your property."  

    I'm wondering if the fact that they can't produce an easement agreement means that they'll need to enter into one with me.  If so, what are typical terms for such an agreement?

  • Wed, Sep 9 2015 6:27 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,407

    Re: Electric Coop unable to produce Utility Easement

    How far is the nearest pole to the intended house connection and roughly how,high is each point ?   IF the distances and heights make sense as to line and drop then the answer you got May need to be readdressed? 

    One of my friends, not in Texas, found it was far cheaper to put in his own pole 

    .



  • Wed, Sep 9 2015 7:22 AM In reply to

    Re: Electric Coop unable to produce Utility Easement

    gdubyab:
    I'm wondering if the fact that they can't produce an easement agreement means that they'll need to enter into one with me.

    No.

    Utility companies generally have an easement by statute or by necessity. Either can be enforced by the courts and you'll just be wasting your money trying to litigate it if you wanted to force the issue.

    Should have thought about the utilities cost before buying the property. Too late now.

     

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    • shall not be infringed.
  • Wed, Sep 9 2015 7:40 AM In reply to

    • gdubyab
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    • Joined on Wed, Sep 9 2015
    • TX
    • Posts 3

    Re: Electric Coop unable to produce Utility Easement

    The nearest pole is about 50'.  The nearest pole that they say I can used is about 300'.  

  • Wed, Sep 9 2015 7:45 AM In reply to

    • gdubyab
      Consumer
    • Not Ranked
    • Joined on Wed, Sep 9 2015
    • TX
    • Posts 3

    Re: Electric Coop unable to produce Utility Easement

    The easement that the utility company has along the front of my property is recorded with the county and signed by the previous landowner, but nothing about the one that crosses my property.  I'm not saying I'm interested in litigating it, but if creating an easement helps mitigate the costs of setting power on my property, who wouldn't be interested in that?  Even someone who DID think about utility costs prior to purchasing the property, like me!

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