Can my neighbor cut trees and access a utility pole on my property without permission?

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Can my neighbor cut trees and access a utility pole on my property without permission?

My neighbor has accessed a pole on my property for underground power. I never gave any type of permission for this. Today I found that a 20 foot swath of trees has been cut and mounds of natural moss removed. What are my rights? The power company is now wanting my permission to energize the line. My property has been severed by this. Who do I contact first?

Asked on April 15, 2012 under Real Estate Law, Maine

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is a general rule that Utility Easements  - for the purpose of bringing power to many at the cost of one or few - are permissable under the law.  Now, it is also a general rule that neighbors are not permitted to chop down trees of your property or in any way harm them.  They can cut branches that over hang their property. How this all comes in to play - along with why the utility is asking your permission here - is unclear.  Go and speak with an attorney that is familiar with land use and land rights.  Bring your deed and any documents that deal with the utility.  Good luck.   


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