ADVrider

Go Back   ADVrider > Gear > The Garage
User Name
Password
Register Inmates Photos Site Rules Search Today's Posts Mark Forums Read

Reply
 
Thread Tools Search this Thread Display Modes
Old 04-28-2015, 09:03 AM   #1
mattlikesbikes OP
Gnarly Adventurer
 
Joined: Feb 2013
Oddometer: 209
Buried electric in neighbors ROW

We are running a new drop to our house and we had two poor alternatives, cut down all the trees along the fence line or bury the electric. Rather than lose the shade we are burying the line. 99% of it will be on our side of the fence however the power pole is 3ft inside the neighbors yard, in the back 5ft ROW. So at the end of the run it will kick over to his side of the fence before going up the pole. All buried 24" and housed in conduit.

So he just asked me to indemnify him if he ever damages the line. I'm not sure though how that would work since it is buried in the utility easement and he is being noticed today that it is there. If this was a public utility line they would mark it if he called 811, but because it is not I don't know how beyond my noticing him today he or a future owner would know. Well besides the conduit that comes up the pole three ft over.

Insight? All work is being done under a permit by a license and bonded electrician.
__________________
2009 F 650 GS - Lava Orange
mattlikesbikes is offline   Reply With Quote
Old 04-28-2015, 09:12 AM   #2
trailer Rails
Beastly Adventurer
 
trailer Rails's Avatar
 
Joined: Jun 2008
Location: Pittsburgh PA
Oddometer: 4,283
Signs?


[/img]http://images.mysafetysign.com/img/lg/S/Underground-Electric-Cable-Sign-S-1131.gif[img]
trailer Rails is online now   Reply With Quote
Old 04-28-2015, 09:32 AM   #3
rapidoxidationman
Easily trainable
 
rapidoxidationman's Avatar
 
Joined: Apr 2006
Location: The Teton Rockies
Oddometer: 8,802
Pretty sure (but not positive) that the electric company easement goes right up to your meter base. He's responsible for not digging into it, and cable locates to avoid such an "accident" are free. Check with the utility and get the skinny.
__________________
Quote:
Patrick:
I know I'm feeling badly when I have no interest in speeding
rapidoxidationman is offline   Reply With Quote
Old 04-28-2015, 09:37 AM   #4
Grreatdog
Beastly Adventurer
 
Grreatdog's Avatar
 
Joined: Apr 2007
Location: Annapolis, MD
Oddometer: 11,748
If this is in a platted subdivision look at the drawing and see if it shows "public" or similarly worded utility easements. If it does and all the work is inside an easement like that you should be OK. But there are often nuances to that depending on the wording and how it got recorded. They can be for specific types of utilities only or benefiting specific lots only.

So what I said isn't a given. In most Maryland counties public utility easements are shown on the subdivision plat and dedicated with the plat which is pretty unambiguous. But in parts of Virginia each utility company records their own easements separately from the original subdivision plat and only their utility can run in them for specific lots. They are more difficult to deal with.

But most modern subdivisions around here either show or list some kind of public utility easements wherever the electric, telephone, cable, water, sewer, gas, etc. has to come in from for just this reason. They have to be able to legally access to the distribution system somehow since the tie in points often are not in the street right-of-way.

If you can find that information and there is indeed a public utility easement then tell your neighbor that it exists for just what you did. If he balks then pay an attorney the few hundred it costs to verify you are OK and to write the neighbor a letter saying that. If you can prevent it from escalating into a pissing match that money is well spent.

I have no idea where are. So take all that with a grain of salt. But the generalities of it are correct for the three states I survey in.
__________________
525EXC, 640 Enduro, XT200

Grreatdog screwed with this post 04-28-2015 at 09:49 AM
Grreatdog is online now   Reply With Quote
Old 04-28-2015, 09:51 AM   #5
mattlikesbikes OP
Gnarly Adventurer
 
Joined: Feb 2013
Oddometer: 209
I agree with not escalating it into a pissing match.

This is a public utility easement so we are 100% in the right putting the line here. The local electric utility supervisor is happy to come explain that part to him. He doesn't have an issue with the digging, but wants some indemnification from me should he ever hit our line. I have not confirmed with the local electric utility, but I do not believe they will come mark this private portion of the line in a locate call. So if he or a new owner ever wanted to dig in his yard I'm not sure how they would be notified/locate the line. I could of course put a sign on my side of the fence but pointed towards his yard noting the buried electric. I could also just ignore it since he has been noticed of the existence and if he ever sells bring cookies to the new neighbor and point it out then.
__________________
2009 F 650 GS - Lava Orange
mattlikesbikes is offline   Reply With Quote
Old 04-28-2015, 09:58 AM   #6
troidus
Beastly Adventurer
 
Joined: Sep 2010
Oddometer: 15,429
Never mind that it's in conduit, so unless he's going at it with a backhoe or power augur he's unlikely to sever it accidentally. I know that when I hit something hard with a sharpshooter that I stop to figure out what I'm hitting before going all Medieval on it and possibly breaking something.
troidus is offline   Reply With Quote
Old 04-28-2015, 10:16 AM   #7
Grreatdog
Beastly Adventurer
 
Grreatdog's Avatar
 
Joined: Apr 2007
Location: Annapolis, MD
Oddometer: 11,748
Good luck getting your insurance company to indemnify somebody for hitting a power line in a public utility easement.
__________________
525EXC, 640 Enduro, XT200
Grreatdog is online now   Reply With Quote
Old 04-28-2015, 10:36 AM   #8
mattlikesbikes OP
Gnarly Adventurer
 
Joined: Feb 2013
Oddometer: 209
Yeah the indemnification request is nuts and NOT going to happen. I can't blame him for asking but I can tell him no.

Besides this is only a 3ft section, that is 24" below grade, in plastic, with a safety tape above it.

I'm going to offer to put up lots of signs.
__________________
2009 F 650 GS - Lava Orange
mattlikesbikes is offline   Reply With Quote
Old 04-28-2015, 01:10 PM   #9
Buccleuch
Resistance is futile.
 
Buccleuch's Avatar
 
Joined: Apr 2008
Location: DFW, Texas
Oddometer: 1,853
Quote:
Originally Posted by Grreatdog View Post
Good luck getting your insurance company to indemnify somebody for hitting a power line in a public utility easement.
This. If it's in a platted utility easement, then yes, it's still "his" yard, but with restrictions due to the easement.

He can get all the indemnification he wants (but he won't), but if he goes digging in a utility easement and disrupts or damages any public utilities there, it's his own damned fault, and he will likely find himself with financial liability.

W.A.
Buccleuch is offline   Reply With Quote
Old 04-28-2015, 01:52 PM   #10
9Dave
Bazinga!
 
9Dave's Avatar
 
Joined: Aug 2005
Location: Central Ohio
Oddometer: 13,268
Around here, even if it's a private line going to your house, the utilities protective folks will still mark it.

As for indemnifying him, he just needs to realize that you can't do that. The utility easement is put there for just that purpose. You should just let the utility supervisor tell him how it all works.

Short of that, you'll probably be getting an attorney involved if the guy persists in his request.
__________________


dunno.....
9Dave is offline   Reply With Quote
Old 04-28-2015, 02:20 PM   #11
burnham
Adventurer
 
Joined: Dec 2011
Location: MA
Oddometer: 79
I work for a utility in MA, we don't mark customer owned secondaries like the ones you're talking about. You could put your line in concrete, just on his property. Maybe that would put his mind at ease? It might make changing the pole later more difficult, wouldn't want too much concrete at the base.
burnham is offline   Reply With Quote
Old 04-28-2015, 02:26 PM   #12
troidus
Beastly Adventurer
 
Joined: Sep 2010
Oddometer: 15,429
If the 3' of trench is still open on his side, get three 12x12 concrete pavers from Home Depot and put them over the conduit after the conduit is completely covered with dirt. Then if someone goes digging, they'll hit the warning tape, then the pavers, and then the conduit. If they get zapped anyway, they deserve it.
troidus is offline   Reply With Quote
Old 04-28-2015, 02:35 PM   #13
ov1
Adventurer
 
Joined: Apr 2006
Location: Near Ottawa Ont
Oddometer: 49
It is his responsibility to get locates before any digging takes place. He has to remember this!!!
The utilities or parties that have plant in that area will come by and mark it before any digging takes place, they just need to be notified.
cheers,
ov1 is offline   Reply With Quote
Old 04-30-2015, 09:50 AM   #14
Tmaximusv
Studly Adventurer
 
Tmaximusv's Avatar
 
Joined: Jun 2012
Location: Gateway to the Sandhills
Oddometer: 858
Quote:
Originally Posted by ov1 View Post
It is his responsibility to get locates before any digging takes place. He has to remember this!!!
The utilities or parties that have plant in that area will come by and mark it before any digging takes place, they just need to be notified.
cheers,
^this is the rule if you dig. You dig more than 6" without calling your state's One Call, it's on you, nobody else. Thus the creation of the One Call system.

If he still doesn't believe you, he's a doofus.

I do like the paver covering the trench idea, though.
__________________
Illegitemi non-corundum est.
Tmaximusv is offline   Reply With Quote
Old 04-30-2015, 03:23 PM   #15
MotoBoss
Bad Influence
 
MotoBoss's Avatar
 
Joined: Apr 2009
Location: Mid South Indiana
Oddometer: 3,844
Nation wide 811 locator service is mandated for all public and private individuals, companies and contractors for location service request. Call ahead for location service or be held libel.

Your neighbor has the responsibility to call for location service before he digs just as any city, county or state contractor would do before digging in the easement.
__________________
Adventure Before Dementia
MotoBossMotoBlog

AdventureRiderRadio
Donate To ADV



MotoBoss is offline   Reply With Quote
Reply

Share

Thread Tools Search this Thread
Search this Thread:

.
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On

Forum Jump


Times are GMT -7.   It's 06:12 PM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2015, Jelsoft Enterprises Ltd.
Copyright ADVrider 2011-2015