Right to Utility Easement

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Right to Utility Easement

We are currently trying to build a home. Our adjacent neighbor is trying to deny access to the utility easement that connects the underground power from her property to our property. We have tried several times to get the power company to communicate what is going on and they have denied our requests for information. They only thing they would tell us is the neighbor has gotten an attorney and now the power company had their legal team involved. What should we do? Don’t we have a right to access the power that is underground within the easement? Is her fight with the power company or us? Thank you

Asked on April 10, 2018 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You don't have a right to the *utility's* easement--the utility does. But the easement, while it may indirectly benefit you, is not to or for you--you have no right to access it. 
You can at need take legal action against the utility if they will not do what they have to do to connect you, etc.: your recourse is against them. They in turn may have to take a more aggressive or proactive legal stance against the neighbor. But again, since the easement is to/for the utility, it's the utility, not you, which can enforce it against the neighbor, so you need to step up the pressure on the utility to get them to resolve this.


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