Trigger Mike Posted August 24, 2013 Share Posted August 24, 2013 the power company has a right of way in the middle of my property. I caught several while ago riding on it. I spoke with them kindly and told them it was private property and that I did not want anyone to get hurt, plus I am getting ready to repair my fences and put cows there. They said they would leave and did so. I came in for supper and can hear them out there again. I recall as a policeman we never really liked dealing with trespassing calls and could not do much about them. I plan on going out next week and posting no trespassing signs. Is there any other ideas? I'd hate for someone to get hurt and I get sued. Along with a lot of deep ditches filled with water, there are rattlesnakes etc. I know they are 4-wheeling for fun, and causing no harm, but still it is not their property to do that on. Link to comment Share on other sites More sharing options...
Utah Bob #35998 Posted August 24, 2013 Share Posted August 24, 2013 Contact the company top dogs. If their employeesare not on company business on the right of way, they should not be there. Utility companiesdo not like bad PR incidents like this and will usually handle it quickly. Link to comment Share on other sites More sharing options...
St. Louis Suomi SASS #31905 Posted August 24, 2013 Share Posted August 24, 2013 Howdy: I had some folks who felt that they had a right of way thru my property - I was nice and informened them that this was not the case. They continued and it finally came to the point where they wanted to build a road thru my property. TO make a long story short, I had my lawyer serve them papers - we went to court and I won. THey no longer caome thru my property and I am at peace. Yes, it cost some time (4 trips to Arkansas), and a couple of lawyers fees. But, no more yahoos running thru my property. My advice is to get photos - names - address, and have you lawyer send them a nice note saying that you will press tresspass charges in court - this is to protect your self from claims of right-thru-use and release you from any claims of injury - they have been notified and do press charges if it continues. Just my penny's worth. STL Suomi Link to comment Share on other sites More sharing options...
Cliff Hanger #3720LR Posted August 24, 2013 Share Posted August 24, 2013 If people cross your property without permission and you do not object and serve stop notices, there is a time limit that after that time passes, the people can file and claim public right of way. They can win this in court if you don't stop it. If the power company has a right of way on your property. You can still fence it off as long as you provide gates at each end they can put their locks on for access. Link to comment Share on other sites More sharing options...
Yul Lose Posted August 24, 2013 Share Posted August 24, 2013 I believe it's seven years in Kalifornia, its probably different in other places. I learned this the hard way. Yep there is a road through the north end of my property that I don't use. Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted August 24, 2013 Share Posted August 24, 2013 Yul, I think that's called "Prescriptive Easement," and believe it's only five years. A prescriptive easement is created when a person uses land of another, without the landowner’s consent, in such a way that the landowner should reasonably be aware of, and does so for a continuous period of five years. The most litigated concept here is continuity of use. Continuous use does not mean constant use. The use need only be as frequent as is appropriate given the nature of the easement and the character of the land. Particularly in rural areas, occasional or seasonal use of an easement may be sufficient. Because action is a factor in the creation of this type of easement, no writing is required . Link to comment Share on other sites More sharing options...
Krazy Kajun Posted August 25, 2013 Share Posted August 25, 2013 Trigger Mike, I work for a power company so my discussion will be from my experiences. Power companies that have easements across private property have the right of ingress and egress for the purposes of maintaining the power companies facilities and not for anything else. Maintenance activities normally consist of constructing or repairing power lines, inspection of poles for rot or decay, inventory of installed facilities and also for vegetation management. Vegetation management activities would be the actually trimming of trees and any brush under the power lines and mowing or spraying of the right of way. That said most property owners that have posted their property or do not wish to allow the public across their property install gates and the utility company would put its lock on the gate along with the property owners. If you see anyone that says they represent the power company ALWAYS ALWAYS ask for picture ID...do NOT take their word for it. If they are an employee of the power company they should have picture ID. If they are in a vehicle that vehicle should ALWAYS be identified by some type of decals or writing on the vehicle. If they claim to be contractors working in behalf of the power company their vehicle should also have some type of decals or writing on it. Additionally that writing should be on the vehicle should have some type of writing that says "Contractor For ABC Power Company." If they can't provide ID or if their vehicles are not identified as belonging to the utility or their contractor you should call the law enforcement authorities IMMEDIATELY. If the trespassers are joy riding on your property without your permission and your property is posted then have them sited for trespassing. What is more common and what we have experienced is that the trespassers are casing your property for possible theft or they may be there to steal immediately. They also might be there to cause harm or ill to your family. We have had people posing as utility employees knocking on doors of our customers and if the residents answer the door there is no telling what they are there for. I see by your profile that you are from Lilburn GA. I work for Jackson EMC and we service that area. If there is a specific question that you have for our company if we are the power company please do not hesitate to call me. You can PM me and I'll be more than happy to give you my direct line to my desk. If we are not your utility company please take the time to call that utility and ask questions. If you see people on your property that say they are with the power company by all means call their hand on it. MAKE them prove it to you. If they are legitimate power company employees or contractors for the power company they WILL be able to prove it. If they can't then call the law...take NO chances. Kajun Link to comment Share on other sites More sharing options...
Yul Lose Posted August 25, 2013 Share Posted August 25, 2013 Hardpan, its been so long, I'm sure you're correct. Link to comment Share on other sites More sharing options...
Utah Bob #35998 Posted August 25, 2013 Share Posted August 25, 2013 Yul, I think that's called "Prescriptive Easement," and believe it's only five years. . Varies by state. 7 years in FL. Link to comment Share on other sites More sharing options...
Dirty Dan Dawkins Posted August 25, 2013 Share Posted August 25, 2013 I'd put no trespass signs up first. Then rig something to puncture their tires that looks like "stuff" that happened to be laying around. A cow patty catapult will run them off. Link to comment Share on other sites More sharing options...
Hardpan Curmudgeon SASS #8967 Posted August 25, 2013 Share Posted August 25, 2013 Varies by state. 7 years in FL. It do vary by state. But this bein' California, I'm just grateful for the 3rd and 4th amendments. Link to comment Share on other sites More sharing options...
Bama Red Posted August 25, 2013 Share Posted August 25, 2013 Triple D, do not do anything that would damage tires, vehicles or people. I promise you, if you do that, you will wind up damaging a vehicle that has a right to be there, or even worse, hurting a utility company employee who is there in the legitimate performance of his/her duties. Trust me, you do not want to find out what a set of tires for a 10X10 line maintenance bucket truck costs! Do not do anything that would damage tires, vehicles or people. I promise you, if you do that, you will wind up damaging a vehicle that has a right to be there, or even worse, hurting a utility company employee who is there in the legitimate performance of his/her duties. Trust me, you do not want to find out what a set of tires for a 10X10 line maintenance bucket truck costs! Link to comment Share on other sites More sharing options...
Trigger Mike Posted August 25, 2013 Author Share Posted August 25, 2013 signs yes, booby traps no. sometimes you can't have any fun. my luck my wife would drive the 4-wheeler over it Link to comment Share on other sites More sharing options...
Virgil Ray Hality, SASS# 37355 Posted August 25, 2013 Share Posted August 25, 2013 We know of a property where a landowner out my way is in somewhat of the same situation. He owns land that is attractive to people with 4x4 and the land is rugged and has its hazards. Police get called out on a regular basis and make arrests or issue citations. Some get criminal trespass if they fuss with the police or if they are repeat offenders. The landowner puts up signs and has blocked the road and the trespassers have a tendency to take down the signs and unblock the ingress, so nonsense still goes on. Odd things happen here and the police are still investigating (with no success) multiple incidents where now and then vehicles got really stuck and the owner(s) temporarily abandoned then only to find missing /shredded tires, broken windows and other alien dissections upon return. Most times, a bulldozer has to drag out the vehicle under police supervision of course. Right or wrong, it happens. Link to comment Share on other sites More sharing options...
Michigan Slim Posted August 25, 2013 Share Posted August 25, 2013 I have a property in northern Michigan that borders National Forest land. People had opened up a path onto my property and felt free to hunt it whenever they pleased. I had a few polite, then a few less than polite conversations over the years. We would drop trees to block them only to make firewood for them to finish cutting up. However, to put a stop to that a little rebar on the underside of a fallen tree works REALLY REALLY well! They get one cut. One only. The path is growing shut now and we add pine saplings to it in any openings. Link to comment Share on other sites More sharing options...
Utah Bob #35998 Posted August 25, 2013 Share Posted August 25, 2013 I would caution you to use all legal means at you disposal as suggested rather than go the booby trap and dangerous barrier route. The court time and extensive litigation you may face just isn't worth it. Link to comment Share on other sites More sharing options...
S. Quentin Quale, Esq. SASS 9953 Posted August 25, 2013 Share Posted August 25, 2013 I've got a TVA power line across my place. They have an easement and poorly maintained access road. Every now and then I’ll find folks riding on the ROW. I politely inform them that I don’t permit that due to my own stock grazing there. If approached and the ROW is open (no stock being run there) I have given permission for people to ride horses there. One group, sadly, abused my hospitality by leaving behind a large number of empty beer cans. Since they didn’t offer me any they were not allowed back. I would strongly disagree that “four wheelers” don’t cause damage. Some of the worst pasture damage I’ve ever had was from a couple of four-wheelers who found a “wet spot” and proceeded to “mud it up.” Sadly I didn’t catch them at it. Not only did they trespass they engaged in vandalism. No slack from me on that score. There’s a lot of chutzpah in folks who just enter the property of another just for fun. SQQ Link to comment Share on other sites More sharing options...
Virgil Ray Hality, SASS# 37355 Posted August 25, 2013 Share Posted August 25, 2013 I agree, by all means, don't end up on the wrong side of the law. Link to comment Share on other sites More sharing options...
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