Can the power company legally deny my property power if they placed the pole in the wrong spot?

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Can the power company legally deny my property power if they placed the pole in the wrong spot?

So I just purchased a property recently on foreclosure. The property was subdivided and zoned residential by the county and was perked for septic. I went to have the power hooked up and the power company told me that they cannot provide me power due to legalities of the said pole. The county has a 5ft easement off the county road for widening and the said pole has a 10 ft easement around it. The 10 ft and 5 ft do not but up against each other and the person owning the property between says they cannot pass over it. The power company says it is up to me to figure out a fix. Any ideas?

Asked on November 22, 2011 under Real Estate Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The problem here is you as the buyer had the responsibility to ensure you have clear title and no issues with easements or private properties. At this point, you should consider getting a survey done to ensure the easements are actually correct and not improperly placed. You need to see if the zoning board or building department in your town or county can help come up with some ideas. Otherwise, you may need to purchase an easement from the private property owner so as to allow the power to come in and to allow you access.


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