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Easement right aways? #8567917
3 hours ago
3 hours ago
Joined: Feb 2009
St. James, Missouri
Bigbuck Offline OP
trapper
Bigbuck  Offline OP
trapper

Joined: Feb 2009
St. James, Missouri
Ok I have 2 cedar trees that are over 160 years old in my yard out near the road, and the electric company want to trim them back to the trunks of the trees (butchering them) making them both look like telephone poles on the road side of the trees. They say that they have a right away of 15' from the center of the poles out on both sides. What are my legal rights? Could I possibly get historic plaques to put on the trees to where they can't cut them?

Thanks for any advice. I'm waiting on a lawyer to call me back hopefully today or tomorrow for what my legal rights are, that is if he even knows.


A long hair country boy can survive
Re: Easement right aways? [Re: Bigbuck] #8567921
3 hours ago
3 hours ago
Joined: Jan 2018
MN
D
Donnersurvivor Offline
trapper
Donnersurvivor  Offline
trapper
D

Joined: Jan 2018
MN
It will vary by state, they likely are not only allowed to trim the trees back they're likely obligated. Typically I advise a calm discussion and ask them to trim as minimally and properly as possible. A couple bottles of powerade can go along ways in dealing with the crew.


I don't know half of you half as well as I should like, & I like less than half of you half as well as you deserve
Re: Easement right aways? [Re: Bigbuck] #8567922
3 hours ago
3 hours ago
Joined: Dec 2006
williamsburg ks
D
danny clifton Offline
"Grumpy Old Man"
danny clifton  Offline
"Grumpy Old Man"
D

Joined: Dec 2006
williamsburg ks
^^^^^^^^^^^^^^^^^^^^
good advice


Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
Re: Easement right aways? [Re: Donnersurvivor] #8567928
2 hours ago
2 hours ago
Joined: Feb 2009
St. James, Missouri
Bigbuck Offline OP
trapper
Bigbuck  Offline OP
trapper

Joined: Feb 2009
St. James, Missouri
Originally Posted by Donnersurvivor
It will vary by state, they likely are not only allowed to trim the trees back they're likely obligated. Typically I advise a calm discussion and ask them to trim as minimally and properly as possible. A couple bottles of powerade can go along ways in dealing with the crew.


Well the electric head guy came out to talk to me this morning and he was not giving an 1" at all. He said they have to maintain a 15' on both sides no matter what, sorry but it is what it is. Have a good day sir. He said that he would give me 1 week to contact a attorney but after that they would be trimming the trees back the 15'


A long hair country boy can survive
Re: Easement right aways? [Re: Bigbuck] #8567929
2 hours ago
2 hours ago
Joined: May 2023
Virginia
G
GUNNLEG Offline
trapper
GUNNLEG  Offline
trapper
G

Joined: May 2023
Virginia
In VA I believe it's the same 15'. I have fields that run the length of my property down the tar road. I wanted (and did) plant pines to give a border so folks couldn't see in from the roads and I had to leave a 15' buffer from the last planted pine to the pole. Same reason they can drive on the edge of my fields as long as they stay within 15' of the pole.

Shame about the trees, but I'd imagine there's probably some kind of liability that's making them enforce it.

Re: Easement right aways? [Re: Bigbuck] #8567930
2 hours ago
2 hours ago
Joined: Dec 2011
MT
S
snowy Offline
trapper
snowy  Offline
trapper
S

Joined: Dec 2011
MT
A lot will be what the easement says in footage from either side of existing line. If in right way they will have the upper hand in trimming it but a slow growing tree like that you maybe able to find a middle ground with them. I took care of many issues like you are dealing with through the years. I worked with and accommodated consumers the best I could that didn't jeopardized safety. You utility spoke person should work with you on it.


Give me a fish, I will eat for a day. Teach me to fish, I will eat for a lifetime
Re: Easement right aways? [Re: Bigbuck] #8567932
2 hours ago
2 hours ago
Joined: Jun 2010
Iowa
~ADC~ Offline
The Count
~ADC~  Offline
The Count

Joined: Jun 2010
Iowa
Get some tree huggers involved, put a piece in the local paper, scream out loud on all social media, get the local news involved, get your lawyer to get a stay on it so they give you time to exhaust all legal ways to block it. ETC... I would be very upset if it were me and everyone would know it. Tell them your trees were there LONG before their power poles!

Re: Easement right aways? [Re: snowy] #8567937
2 hours ago
2 hours ago
Joined: Feb 2009
St. James, Missouri
Bigbuck Offline OP
trapper
Bigbuck  Offline OP
trapper

Joined: Feb 2009
St. James, Missouri
Originally Posted by snowy
A lot will be what the easement says in footage from either side of existing line. If in right way they will have the upper hand in trimming it but a slow growing tree like that you maybe able to find a middle ground with them. I took care of many issues like you are dealing with through the years. I worked with and accommodated consumers the best I could that didn't jeopardized safety. You utility spoke person should work with you on it.



I did try my best negotiating skills to see if they would only trim back 10 feet and he laughed at me. I then asked how about 12 feet? He said 15' was the right away and that's the best he could do. I'm 100% with you on how slow a cedar tree grows. They came thru here about 15 years ago and trimmed some on they which has never grown back at all. He said that when there an ice storm that they can't take any chance with doing any less than 15'


A long hair country boy can survive
Re: Easement right aways? [Re: Bigbuck] #8567938
2 hours ago
2 hours ago
Joined: Feb 2020
Indiana
P
Providence Farm Offline
trapper
Providence Farm  Offline
trapper
P

Joined: Feb 2020
Indiana
Typically around here each line gets trimmed evey 3 years or so. Triming methods and clearance vary not only state to state but providers. When I did line clearance in the late 90's the provider wanted no stubs or hack job cuts left. They wanted proper growth ring cuts back to a lateral that was 1/3 size of the main or the branches removed. Basically health of the tree prioritize.

Other providers only care about get the clearance f the appearance. And will leave stubs that will result in rot and long wip suckers creating more future problems. Basically demacrat thinking.


Point is your trees should have been geting trimmed regularly by them. That said evergreens grow slower and we were told we didnt need to cut them back as far due to that.

Also line clearance is Typically done by contractors and that change every 3 to 7 years. Well the color of truck change the employees just move from one company to the next. The company's are not local the employees are. I quit one line clearance contractor to build cell towers but was contacted by the new contractor months later and offered a job when they took over the contract. Everyone taht worked for the first company went to work for the new one. I was tired of traveling around the country and went to work for them for a while myself


Last edited by Providence Farm; 2 hours ago.
Re: Easement right aways? [Re: Bigbuck] #8567944
2 hours ago
2 hours ago
Joined: Feb 2020
Indiana
P
Providence Farm Offline
trapper
Providence Farm  Offline
trapper
P

Joined: Feb 2020
Indiana

Everyone love's the trees until the power is out or the unmaintained lines spark a wild fire( like in California) Tree hugging would not allow proper clearing of right of way then the utility gets sued for damaged after the fires.

Has to be some give and take.

I know how you are feeling. I feel treed and brush cut back off the road on my farm especially around the house. Why so my wife kids and people on the road have a clear view when they pull out on to the road. The bi product is the tractor that buts the trees up with brushing on hydraulic arm dose not bust up and maky my trees unhealthy and eye sores.

Last Dec a new hire came through and cut thing way back anyway. Hit my house vehicals nearly hit my daughter with stuff flying out of the brush later and busted up my mail box.

I was told the boss would be by to discuss damages but that never happened.

Re: Easement right aways? [Re: Bigbuck] #8567951
2 hours ago
2 hours ago
Joined: Dec 2006
St. Louis Co, Mo
B
BigBob Offline
trapper
BigBob  Offline
trapper
B

Joined: Dec 2006
St. Louis Co, Mo
Originally Posted by Bigbuck
Ok I have 2 cedar trees that are over 160 years old in my yard out near the road, and the electric company want to trim them back to the trunks of the trees (butchering them) making them both look like telephone poles on the road side of the trees. They say that they have a right away of 15' from the center of the poles out on both sides. What are my legal rights? Could I possibly get historic plaques to put on the trees to where they can't cut them?

Thanks for any advice. I'm waiting on a lawyer to call me back hopefully today or tomorrow for what my legal rights are, that is if he even knows.

Did YOU actually measure the distances involved to make sure they're correct? Have you seen the documents that gives them the easement? Likerly what the guy has said is correct, so about the only solution is to hire an arborist to come out with a HUGE tree digger and move the whole thing away from their easement. $$$$$


Every kid needs a Dog and a Curmudgeon.

Remember Bowe Bergdahl, the traitor.

Beware! Jill Pudlewski, Ron Oates and Keven Begesse are liars and thiefs!
Re: Easement right aways? [Re: Bigbuck] #8568008
35 minutes ago
35 minutes ago
Joined: Jan 2016
Belair MD
V
VictorD Offline
trapper
VictorD  Offline
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V

Joined: Jan 2016
Belair MD
you can get the Deed and past history on the property to make sure there is an easement. I had purchased a property that had electric and telephone wires going across. They came through to cut everything back, and gave me a hard time on some of my questions. I look up the old Deeds, they didn't have a recorded easement across the property. I did settle with them on a fee to grant them an easement.
Also, measure the 15' to make sure. Or hire a company to trim it the way you want. Or as they say above, get a tree hugger or some people in town who may want to see them stay as they are. I do hate seeing them butcher trees, the way they do here. But I guess it is cheaper to trim the tree than replace the wire when the tree branch falls on it.

Re: Easement right aways? [Re: VictorD] #8568013
17 minutes ago
17 minutes ago
Joined: Feb 2009
St. James, Missouri
Bigbuck Offline OP
trapper
Bigbuck  Offline OP
trapper

Joined: Feb 2009
St. James, Missouri
Originally Posted by VictorD
you can get the Deed and past history on the property to make sure there is an easement. I had purchased a property that had electric and telephone wires going across. They came through to cut everything back, and gave me a hard time on some of my questions. I look up the old Deeds, they didn't have a recorded easement across the property. I did settle with them on a fee to grant them an easement.
Also, measure the 15' to make sure. Or hire a company to trim it the way you want. Or as they say above, get a tree hugger or some people in town who may want to see them stay as they are. I do hate seeing them butcher trees, the way they do here. But I guess it is cheaper to trim the tree than replace the wire when the tree branch falls on it.



Ok thanks I'll check out the deed and see what it says. Thanks for the info.


A long hair country boy can survive
Re: Easement right aways? [Re: Bigbuck] #8568016
9 minutes ago
9 minutes ago
Joined: Nov 2012
midland, michigan
M
midlander Online content
trapper
midlander  Online Content
trapper
M

Joined: Nov 2012
midland, michigan
Make them pay for what they cut. Neighbor had a gas company remove trees within road right-of-way a couple years ago when they were running a new gas line. He sent them a bill for assessed value of the timber. At first, they laughed. In the end, they paid. They had the right to remove the trees, but not without compensating the property owner for his lost value. I know youd rather keep the trees than have the money....and of course it varies by state.

Re: Easement right aways? [Re: Bigbuck] #8568018
7 minutes ago
7 minutes ago
Joined: Dec 2006
Very SE Nebraska
G
Gary Benson Offline
trapper
Gary Benson  Offline
trapper
G

Joined: Dec 2006
Very SE Nebraska
Here a right of way is 66 feet if youre talking county road. 33 feet each way from the center of the road. Of its highway youre screwed.


Life ain't supposed to be easy.
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