Pad mounted transformer outside of the easement

Previous | Next
 rated by 0 users
Latest post 11-17-2009 2:39 PM by Drew. 14 replies.
  • 11-17-2009 1:42 AM

    • Buzzed
      Consumer
    • Not Ranked
    • Joined on 11-17-2009
    • NJ
    • Posts 6

    Pad mounted transformer outside of the easement

    I own a residential house with a pad mounted (ground) power transformer on my property. It is located on my property outside of the easement.  The easement is 10 ft. and the power transformer is 16.5 ft. in from the curb, measured at the center of the transformer box.  In addition, due to a planning error, it is right smack in the center of my front yard instead of off to one side. My yard is small so it is close to the house.  It has been there since the street was built in 1977 and it serves 5 houses. 

    I have also been there since 1977 and I have a life long, mysterious autoimmune disease that has recently progressed to life threatening.  Can I force the utility co. to move it? 

  • 11-17-2009 10:32 AM In reply to

    Re: Pad mounted transformer outside of the easement

    Buzzed:
    Can I force the utility co. to move it?

    You would have to prove (not just say) that the powerline caused your illness.

    Even that might not get you anywhere.

    There's a lot of controversy and litigation over the issue of powerline related illnesses.

    Google powerline illness and study up.

    If you take on the power company you'll need a very large box of money.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-17-2009 10:57 AM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,395

    Re: Pad mounted transformer outside of the easement

    "Can I force the utility co. to move it?"

    What you need to do first is contact the power company and have them send out a facility engineer or planner to review the placement of the transformer.  The power/utility company will have all of the plats for your area and may be able to shed some light on the correct or incorrect placement.  If it were determined that the transformer was placed outside of the easement the company might elect to move it or perhaps offer to pay you for the use of your property.

    As far as the illness issue, you would be well advised to discuss with a local attorney and do some research as suggested.  This would not be a do it yourself project.

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

     

  • 11-17-2009 11:18 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Pad mounted transformer outside of the easement

    Laymans take:

    You may be able to force them to remove it from your property--but not necessarily from  the easement area.

    Generally speaking if the pad is on your lands you can force its removal.

    However you may have a problem that it seems it has been there for over 30 years --and in NJ that may trigger adverse possessionin favor of power company--but its not quite that easy for power company.

    1. There is case law in NJ that the adverse possession clock does not beging to run until the use is known by other side to be adverse--case involved a sign place a few feet in wrong place--but it was not discovered to be wrong until much later--later date counted NOT original date.   You may need to be careful about when you discovered the wrong placement!

        1.1 I assume you are accurate in description of easement as it is deeded and actual placement of pad --some dimensions in NJ can be wacky--two adjacent properties--one deed runs to center line of street--next one over runs from edge of  45' street ROW--so be sure of what you are reading.

    2. There is a general rule that permission trumps adverse use--so if some prior owner gave permission to put it there then that trumps an adverse use claim and you may be able to simply revoke permission.

    And in a way you sort of want to find out power company's reason it says pad is located there BEFORE you address fact or opinions you think you may have on your side.

    You cannot prohibt them for using the easement area--if said use is otherwsie permissible--but if some other code say no transformers that close to roadway thay may be blocked to use that area by other rules--and generally since this is a problem created by power company it is not entitled to automatic relief by variance for a problem it brought upon itself. But I suggest you not get into second stage problems until you have secured removal of pad from wrong place in your front yard.

    I know folks who have gotten poles removed from wrong place in NJ--but it requires a bit of attention to detail.

    And you may want to get oral answers from transmission or maintenance engineering staff at power company by phone  BEFORE some androids in right of way department put a lid on it if they discover an error by power firm.

     

     

     

     



  • 11-17-2009 12:07 PM In reply to

    • Buzzed
      Consumer
    • Not Ranked
    • Joined on 11-17-2009
    • NJ
    • Posts 6

    Re: Pad mounted transformer outside of the easement

    I am aware I would have to prove the cause and effect of my illness and that would be near impossible with current  medical knowledge.  I am only concerned with moving the thing right now.

  • 11-17-2009 12:11 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Pad mounted transformer outside of the easement

    I think I sort of gave you the issues above---do some targeted homework and post back here?



  • 11-17-2009 12:15 PM In reply to

    • Buzzed
      Consumer
    • Not Ranked
    • Joined on 11-17-2009
    • NJ
    • Posts 6

    Re: Pad mounted transformer outside of the easement

    I should have mentioned that I did have the power company out to look at the placement.  They insist that the transformer is not supposed to be in the easement.  They say it must be outside of the easement on my property.  All the other pads are the same way on my street even though it is a wide and low traffic dead end street.  My house is right at the dead end.  The township says the pad should be inside the easement but it is hard to get info from them.  They seem as though they would just as soon shoot me as talk to me.  

  • 11-17-2009 12:17 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Pad mounted transformer outside of the easement

    If you have been there since the beginning:

    1. Who or what gave permission as to it current site--think carefully before you answer.

    2. When was the wrong placement  noticed and or readily apparent to any  person who should have known where his own property lines were--think carefully before you answer.

    3. Who granted the easement?



  • 11-17-2009 12:32 PM In reply to

    • Buzzed
      Consumer
    • Not Ranked
    • Joined on 11-17-2009
    • NJ
    • Posts 6

    Re: Pad mounted transformer outside of the easement

    My parents are the first owners so I have lived here since I was 6 years old.  The driveway curves oddly around the transformer instead of strait out to the street because of the placement of the pad, so I guess the builder gave consent just by the design of the driveway.  

    I do not mind paying for part of the relocation of the pad if I can frighten the power company with a a lawsuit.

     

  • 11-17-2009 12:33 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Pad mounted transformer outside of the easement

    Odds are if township says pads need to be inside easement then somebody is looking at a rule or something--me--I'd go over to township offices and be nice and try to sort out what rule seems to apply--knowing what rule may be on point can be powerful leverage.

    I hope you recorded name and date of power company person visit to site--that view of where to locate a pad sure seems odd to me (but my expereince with a major public utiltiy and as  engineer was elsewhere and in a different capacity) some of this utility stuff is really quite wacky to outsiders.

    Odds are any NJ RE attorney familiar with public utility issues can give an instant first impression likley to be accurate as to the pad locationin or out of easement  and as to if 32 years is now dead meat or not on adverse possession.

    I'm not sure an easement of necessity is applicable--especially if there is a deeded easement .



  • 11-17-2009 12:38 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Pad mounted transformer outside of the easement

    Guessing that builder gave consent is not strong enough in my book but if some earlier plans or permits show it in wrong place one might be able to argue that the placement was by permission --a point that might be a loser for power firm as it seems to contradict the notion of open notorious adverse use..



  • 11-17-2009 12:44 PM In reply to

    • Buzzed
      Consumer
    • Not Ranked
    • Joined on 11-17-2009
    • NJ
    • Posts 6

    Re: Pad mounted transformer outside of the easement

    What sort of specific attorney do I need?  Thank you for your help!

  • 11-17-2009 12:47 PM In reply to

    • Buzzed
      Consumer
    • Not Ranked
    • Joined on 11-17-2009
    • NJ
    • Posts 6

    Re: Pad mounted transformer outside of the easement

    As to consent.  I can only guess there was consent perhaps by the town when construction of the street began because all 3 of the transformers are positioned outside of the easement.

  • 11-17-2009 2:28 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Pad mounted transformer outside of the easement

    The fact that all transformers are positioned outside the easement supports "consistency" but it doesn't prove its right or wrong.

     

    Me, I'd go vist town hall and be nice--see if I could find actual local rule on point --may be helpful--I'd be quite curious as to why town employee said pads need to be in easement.  You may not be first to bring up problems! .

    I'm still puzzled as to why pads are "outside" easements. Makes no sense--unless say its an easement for water /sewer lines

     

    Save time/scavanger hunt--get copies of your deed and say at least one of the other homes with a pad in wrong place in yard (they are all public records at county courthouse. ) 

    Any attorney willwant to look at deeds.

    Also make some decent sketches of situation with measuements and a few pictures.

     

     

    Odds are any seasoned real estate lawyer who has done prior work with utility easements can be right in target zone at first guess with above information in hand..  Ask about experience--or who has it



  • 11-17-2009 2:39 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,983

    Re: Pad mounted transformer outside of the easement

    Its also possible that an easement was created by a plan or subdivision plan  layout of the development upon same being filed under some misc record at the courthouse.

    I have (had-now vacated) ) a power line easement over part of my  lands burried in some obscure filing cira 1920  and I had a sewer line easemen on lands on NJ that was near impossible to find but it was on a recorded plan.

     

    That said--my friend got a pole in wrong place moved in NJ--we traced paperwork back to 1800's for roads etc. !



Page 1 of 1 (15 items) | RSS

My Community

Community Membership New Users: Search Community