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Cable Company Trespassing!

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Latest post Mon, Mar 6 2017 9:44 AM by ca19lawyer2. 14 replies.
  • Tue, May 12 2009 12:53 PM

    Cable Company Trespassing!

    A man knocked on my door and said he was from a cable company and needed to access some box in my back yard.  They parked across the street, so I didn't see a company truck.  I told him that I didn't have service with them or anything pertaining to his company in my back yard, so he could not go into my yard today but to come back aother day(I wanted my husband to be home).  He told me he was going to call the police & I would be fined for theft of service.  I told him to go ahead & do it because I did not have service with them.  He walked away & I went upstairs to  put some clothes on to go check things out.  When I got outside he & two other men were approaching my driveway.  I told them to stop because they did not have permission to go into my back yard.  They said that they had the right of easement and they didn't need my permission to go into my yard.  I went inside to get a lock and when I came out, they had already gone in my yard.  As I was putting the lock on the gate, one of them came behind me & said "I appologize for being  rude  Mam it wasn't in your yard, it was in your neighbor's yard". Their companies equipment was NOT even in my yard, so they really trespassed! I felt threatened, violated and disrespected as a woman and a home owner. These men were rude and they trespassed on my property without permission.   What can I do?

  • Tue, May 12 2009 3:57 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Cable Company Trespassing!

     I doubt police will take you seriously but your facts seem to fit a valid trespassing complaint.



  • Tue, May 12 2009 4:13 PM In reply to

    Re: Cable Company Trespassing!

    No, they weren't trespassing.

    Even if the above ground equipment wasn't in your backyard, the utility easement likely runs across the back yards of you and all your neighbors and the cables would run under your property across the back, giving the cable company the right to go in and dig up your back yard if they had to.

    ineedhelp2009:
    What can I do?

    As a property owner you have the obligation to know what easements run across your property and what the utility companies' rights are with those easements.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Tue, May 12 2009 7:15 PM In reply to

    Re: Cable Company Trespassing!

    The problem is that even though you don't have service with the cable company, it likely does have an easement running through all the yards in your neighborhood. It needs that easement, of course, to reach the homes that do want service even if you don't--they can't just somehow make the cable jump over your yard. So, your first step here is to find out if the cable company does have an easement there. The easement may be recorded or may simply be provided by statute, so you'll need to do some checking to see how it's done in your area.

    If the cable company does have an easement, they have the right to enter upon your property to access the easement and attempting to block them would put you in the wrong.

    If there is no easement, you'd have a civil claim for trespassing, but no apparent signficant damages to sue for. As a result, it would probably not be worth the effort to do it.

  • Tue, May 12 2009 7:55 PM In reply to

    • LynnM
      Lawyer
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    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Cable Company Trespassing!

    There is nothing TO do. They made a mistake, You were not damaged in any way.

  • Tue, May 12 2009 10:27 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Cable Company Trespassing!

    I doubt there is any economic purpose to chase the cable company. You suffered no damages!

     

    But its not at all clear that a cable company is entitled to piggyback along a power company easement in TX--there are cases to the contrary .  And while there may be an express or implied easement to access a line which you contracted for service no such easement exists for access over your lands to somebody elses equipment on another site.  And there may be private v public issues --I may be required to grant a sewer line easement along the front of my property for a general sewer line but I am NOT required to grant a neighbor an easement to run his sewer service lateral line under my yard just to make the slope requirements. At least not in my city.

     

    I once came down to one of my commercial buildings and found the cable company has mounted a distribution station box  directly on by building--I had no cable in said building--it took me about two acid phone calls and the box was gone.    A friend came home and found cable firm had trenched front of his lawn to lay cable down the block--my friend is also a pretty good RE lawyer ---guess how long that cable stayed there.

     

     



  • Thu, May 14 2009 3:17 AM In reply to

    Re: Cable Company Trespassing!

    Drew:
    But its not at all clear that a cable company is entitled to piggyback along a power company easement in TX--there are cases to the contrary .

    The poster did not say that the cable company claimed to piggy back on an electric company utility easement. It simply claimed it had an easement right, which it may well have. Two possibilities come instantly to mind. First, in more recent building developments, the builder will typically grant easements for all the utilties, including cable, since buyers expect that kind of service will be available. Second, TX might have a law like my state has, in which the state mandated easements for cable to ensure that everyone could get access to it. Thus, in my state a homeowner could not prevent a cable company from getting an easement across his land if the access was needed to wire the neighbors.

  • Thu, May 14 2009 9:23 AM In reply to

    • DPH
      Consumer
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    • Joined on Mon, Oct 8 2001
    • TX
    • Posts 7,875

    Re: Cable Company Trespassing!

    The workers were looking for the cable pedestal or access point that serves several homes.  They probably had the wrong address because their recors were wrong on the exact placement of the pedestal.  They were right as they do have the right to access your yard for maintenance and/or installation purposes.  They were wrong in being heavy handed in their approach.

    I work for a large telecommunications company and we have actually had to have the police approach homeowners to make sure that they understand that they cannot deny access. 

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Sat, Sep 18 2010 1:22 AM In reply to

    • CABLE tv
      Consumer
    • Not Ranked
    • Joined on Sat, Sep 18 2010
    • TX
    • Posts 1

    Re: Cable Company Trespassing!

    The cable companies Have a cable line/drop/pedestal/underground line in most back yards .Like the electricity companies even when you dont have electricity they can come in and service their equipment .90 percent of homes are cable ready and have a line in the back or side of all homes.That creats an easement right .If the company identify them self and show you proff that they have records of a line being in the back yard (example paper work with your address on their grounds, they will enter at will .Most of the guys will always try to be nice and curtious about the situation for their job isnt the most pleasent.they have reason to beleave your cable is on (un- authorized) I worked for a large cable company for 13 years and we always had that question when a situation was escalated.The reason they come out is becouse they have reason to  beleave your cable might be on with Un-authorized service.whentechnitions come to activate neighboors,they take account of what they saw connected at the pole and send these guys out to take a closer look .The first time they are out they disconect and take picture /video footage If you are found connected.If you  co-operative they can leave it on for you if its found (un-authorised) they will put you on the phone with the their company that services that area .When they get an account number created they have the ability to leave the services back on. Cable theft Is a cime and Their divesion Must do what they can to prevent it. 2ND time found on after footage has been observed the company will press charges.I CAN TELL YOU THAT THESE GUYS WERE IN THEIR FULL RIGHT TO DO THEIR JOB AND CHECK THAT LINE.YOU MAY CALL THE POLICE WHEN YOU DONT FEEL SAFE AND WHEN YOU TELL THEM THIS THEY WILL WAIT AND THE POLICE WILL ESCORT THEM AND WAIT TILL THEY ARE CLEAR OF YOUR HOME.

  • Sun, Aug 3 2014 2:18 PM In reply to

    Re: Cable Company Trespassing!

    They have every right to get in that yard even if you're not home.  It's beyond time people understand when you buy a house you know where your property lines are.  I have already had to call the police to get them to detain dogs just so I can try to find our equipment.  If you and your next door neighbor, and your neighbors on the backside of you all have fences, no employees know where their equipment is, unless we have been to that exact location before. I see this everyday they do not put where this equipment is in which yard are on a map you know why? Because it's a utility easement.  We should not have to get in any yard to get to our equipment we should be able to walk from one end of the block to the other free reign with no one interfering with us.  I blame my city I work in because they do not enforce that stuff, city code,  and we get a bad name all the time for needing to get in people's yards were they are the ones at fault for keeping us from getting to our equipment in the first place. People need to get educated before they start slapping people on a rest all the time. 

  • Sun, Aug 3 2014 2:30 PM In reply to

    Re: Cable Company Trespassing!

    Cable Employee:
    It's beyond time people understand when you buy a house you know where your property lines are.

    It is also BEYOND TIME that you understand you re-activated a FIVE year old thread.  Get over yourself already.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Sun, Mar 5 2017 4:38 PM In reply to

    Re: Cable Company Trespassing!

    I........... could care less how old this is.  Others who feel they may want to act in the same manner can read this, and see the consequences of their possible actions.  It's BEYOND TIME.... ClydesMom............. that the thread was fine until YOU..............yes YOU............. had an issue with it.  Sorry your life is in such turmoil to have to be a bully.  Look at your own self in the mirror!


  • Sun, Mar 5 2017 6:50 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,478

    Re: Cable Company Trespassing!

    And then you waited three years to slam her.  enough already

  • Sun, Mar 5 2017 10:09 PM In reply to

    Re: Cable Company Trespassing!

    Cable Employee:
    I........... could care less how old this is.

    But just as an FYI, on many forums, including this one. it is considered very bad form to necro-post (reactivate a dead thread), especially when you have nothing substantive to add to it (substantive being something like the original OP coming back and providing an update, etc). So when you necro post, you shouldn't be surprised when you get a negative reaction. All you did here was necro-post to slam someone else, you added nothing of value to the thread whatsoever. Very bad form indeed. 

  • Mon, Mar 6 2017 9:44 AM In reply to

    Re: Cable Company Trespassing!

    So...let me get this straight.

    In 2014, you resurrected a thread that, at that time, was well over FIVE YEARS OLD, and now, TWO AND A HALF YEARS LATER, are coming back to respond to someone who pointed out that you were resurrecting a long domant thread?  At this rate, I assume you'll be back sometime in 2019 gripiing about what I've posted here.

     

    Cable Employee:
    I........... could care less how old this is.
    !

    Could care less?  I suspect that you meant that you could NOT care less but that your writing ability is on par with your timeliness.

     

    Cable Employee:
    Others who feel they may want to act in the same manner can read this, and see the consequences of their possible actions.

    That's all well and good, but part of the problem is that you're in Kansas and don't likely have the slightest clue about how things work in Texas.

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