Legal Question in Real Estate Law in Massachusetts

Can a public Utility do work on my property wihtout asking?

The utility pole in my front yard was hit by a car causing it to lean to the road. A few days later a crew showed up and installed an anchor rod on my front lawn and attatched a guy wire to it to pull the pole back. In the twenty years that I have lived here that pole has never had a guy wire on it and I was not asked permission to install the anchor on my front lawn.It is definitly on my property and is a hazard when backing out of the driveway.


Asked on 6/03/00, 10:13 am

1 Answer from Attorneys

Murray Davis Law Office of Murray I. Davis

Re: Can a public Utility do work on my property wihtout asking?

I just received your message today. (1) If you have not already done so, try talking to the utility; perhaps you will be able to resolve it without an attorney (but do not sign anything without consulting your own lawyer). (2) In order to assess the strength of your legal position, I would have to start by ordering a title examination of your property, specifically looking for any utility easements (and depending upon what is found, possibly a boundary line survey). If a utility easement is found, you will need a real estate lawyer to interpet it in light of existing statutory and case law. If your property is anywhere in Massachusetts, I would be pleased to consider representing your interests or simply consulting, at your pleasure. If you would like to discuss it, just call me at (781) 593-7379. I am scheduled out of the office tomorrow, but will be in on Friday.

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Answered on 7/19/00, 9:33 pm


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