If the power company's poles are on my property and there is no easement on the deed, does the power company have a right of way
3 attorney answers
There are several possibilities in your case: 1) there is a power company easement that was missed in the title search when you bought the property; 2) the easement was disclosed in your title insurance policy but you did not recognize it; 3) you bought the property without title insurance; 4) the power company has a prescriptive easement (this is unlikely and takes 20 years rather than 15). To get the answer, you need to have a survey done and have your survey and your closing documents reviewed by an experienced real estate lawyer in the county in which the property is located. Your lawyer can advise you of your rights and whether or not you can successfully object tot he power poles.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
I agree; you will have to consult with and retain a good local real estate attorney to review the chain of title, and the instruments of conveyance, a properly commissioned survey, and the facts. It very unusual for the power company not to have an express easement; but it is possible.
Hope this helps
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
You will need to retain a lawyer to review all of this, it's not something that can be answered online. Generally prescriptive easements (easements by adverse possession) require 20 years of continuous use. But it's possible they have one, yes. The question will be why was this not an issue when you bought the property for your closing attorney to review the survey and title for easements; the poles were clearly visible to you then when you viewed the property.
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