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Message
Couple of easement questions
Posted on 8/28/25 at 8:50 pm
Posted on 8/28/25 at 8:50 pm
A fiber company has been installing service in my area and I was wondering a couple of things about easements. Just trying to learn.
1) What makes an easement? They popped a box up in our yard 50' from the public road saying they were in the public easement. Now they are boring back under the private drive way for a second time to run to a neighbors house.
2) There is a water meter in this area, did we provide an easement when we had the water company run the meter on to the property?
3) Hypothetically, can I have an individual (that works for the fiber company) trespassed from my property? Or can you not trespass someone that is working in a 'public easement'? (Not the entire company, just one individual employee)
(In Louisiana)
1) What makes an easement? They popped a box up in our yard 50' from the public road saying they were in the public easement. Now they are boring back under the private drive way for a second time to run to a neighbors house.
2) There is a water meter in this area, did we provide an easement when we had the water company run the meter on to the property?
3) Hypothetically, can I have an individual (that works for the fiber company) trespassed from my property? Or can you not trespass someone that is working in a 'public easement'? (Not the entire company, just one individual employee)
(In Louisiana)
This post was edited on 8/28/25 at 8:53 pm
20
Posted on 8/28/25 at 9:03 pm to Kingpenm3
No answers for you- but curious as to what's up with that specific employee that you'd like him trespassed. ??
Posted on 8/28/25 at 9:07 pm to Kingpenm3
The utility easement, like the street easement, is typically drawn on the plat when the subdivision is laid out. Utility easements typically grant ingress and egress to those who work for the utility.
Posted on 8/28/25 at 9:16 pm to SallysHuman
quote:
No answers for you- but curious as to what's up with that specific employee that you'd like him trespassed. ??
Nothing worth actually being trespassed over. But the guy was a real jackass when I asked him to not run the second boring line right over the water line that they had busted the first time they bored in. I'm out $200 in just materials to get water back to my house.
But when he pulled a "I'll call the sheriff out here if you want" line to me in the middle of my yard, I started wondering about the law.
Posted on 8/28/25 at 9:17 pm to Spankum
quote:
The utility easement, like the street easement, is typically drawn on the plat when the subdivision is laid out. Utility easements typically grant ingress and egress to those who work for the utility.
This is 40 acres that hasn't changed hands in 41 years.
Posted on 8/28/25 at 9:21 pm to Kingpenm3
quote:he should have told you he’d also call the EMT to pick your arse up off the driveway if you pop off again
But when he pulled a "I'll call the sheriff out here if you want" line to me in the middle of my yard, I started wondering about the law.
Posted on 8/28/25 at 9:25 pm to Kingpenm3
He’s probably trespassing. frick him and ask him to show you the Right-of-way documents
Posted on 8/28/25 at 9:26 pm to Kingpenm3
quote:
I'm out $200 in just materials to get water back to my house.
Why didn’t they pay for this if they damaged it.
Easement doesn’t mean that they can damage the services to your home. .
Posted on 8/28/25 at 9:26 pm to SuperSaint
quote:
he should have told you he’d also call the EMT to pick your arse up off the driveway if you pop off again
Going to put that in my back pocket!
Posted on 8/28/25 at 9:28 pm to BigBinBR
quote:
Why didn’t they pay for this if they damaged it.
Apparently it is a fun game called "We can't figure out which contractor to blame/you to contact". At some point I gave up when my kids were having to drive the golf cart a 1/2 mile to use the bathroom and went ahead and ran a 100' temp line to get the water back reconnected.
Posted on 8/28/25 at 9:33 pm to Kingpenm3
If they are within the easement there is very little you can do to prevent them from digging and installing the lines. Most utility companies have a contract with the city or county though requiring them to reasonably attempt to restore your lawn to its original condition and pay for repairs to water lines etc. 50 ft seems excessive though unless you live on a major highway with a large drainage ditch or something like that. I would contact the city and/or utility company about your water line repair expenses.
Posted on 8/28/25 at 9:42 pm to Kingpenm3
quote:
(In Louisiana)
Where in LA are you?
"Easements" are called "servitudes" in Louisiana.
Posted on 8/28/25 at 9:43 pm to Kim Jong Ir
quote:
Where in LA are you?
"Easements" are called "servitudes" in Louisiana.
Vernon parish. Easement is the term the employee used. Is there a difference between the two? Or is it just terminology? I assumed there might be a difference with Louisiana law.
Posted on 8/28/25 at 9:51 pm to Kingpenm3
There really isn’t shite you can do. They have a right to access. There are sometimes rules around notification but eventually they’ll just cut a hole in your fence. We used to have to get the sheriff and break into houses to do meter swaps in Nebraska.
Oh and you need to make them pay for that water line. Call the asset owner and rip them a new arse. Their subs aren’t your problem. Just ride their arse about it and threaten to call the news.
Oh and you need to make them pay for that water line. Call the asset owner and rip them a new arse. Their subs aren’t your problem. Just ride their arse about it and threaten to call the news.
Posted on 8/28/25 at 9:51 pm to Kim Jong Ir
quote:
"Easements" are called "servitudes" in Louisiana.
Well that’s just not true at all. LA uses both terms.
Posted on 8/28/25 at 9:54 pm to Kingpenm3
Easements occur when you record the document in the county (parish) real property records. If they are unwilling to provide a copy of the easement, you should call the local clerk's office, get the easement/ROW instrument, and review it carefully.
The water company was probably granted the easement by a prior owner before you even bought the land. Again, this is a document you can find and review. Check your title commitment, specifically Schedule B therein (or Schedule II in some states).
It depends on the language in the easement itself: (1) who can enter your property; (2) where they can go, and (3) what they can do.
This is not legal advice and should not be construed as such. Good luck.
The water company was probably granted the easement by a prior owner before you even bought the land. Again, this is a document you can find and review. Check your title commitment, specifically Schedule B therein (or Schedule II in some states).
It depends on the language in the easement itself: (1) who can enter your property; (2) where they can go, and (3) what they can do.
This is not legal advice and should not be construed as such. Good luck.
Posted on 8/28/25 at 10:00 pm to CocomoLSU
quote:
quote:
"Easements" are called "servitudes" in Louisiana.
Well that’s just not true at all. LA uses both terms.
We use the term easement, but they are legally termed servitudes. Easement is the common law term.
This post was edited on 8/28/25 at 10:04 pm
Posted on 8/28/25 at 11:59 pm to Kingpenm3
quote:
This is 40 acres that hasn't changed hands in 41 years.
In that case, their operating franchise likely states thst they don’t need designated easements to operate in the county.
Posted on 8/29/25 at 2:06 am to Kingpenm3
quote:
"We can't figure out which contractor to blame/you to contact"
Sounds like REV internet...they have broken the water lines 4 different times in my neighborhood already.
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