Legal Question in Construction Law in Pennsylvania

Underground phone line cut by accident

I have a farm where there was an underground phone line on my property about 8 feet from a dirt road. There were no signs, no notes on my survey map or my mothers survey and has been in the family for over 35 years. I dug a hole for a post and cut the line. Verizon wants to collect $2700 from me for the repair. They also did not follow standard utility guidelines by placing signs or laying caution tape 6 to 12'' above the cable. Am I still liable?


Asked on 3/12/07, 6:13 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Underground phone line cut by accident

You have not provided enough information to answer your question but I suspect that you do not yet have the information that you need. What you are looking for is an easement that might give Verizon the right to put a telephone line where it is. An easement might be referred to on a deed, but more likely, it would show on a title search if one was done for you or your mother. Even if Verizon has such an easement, if there is title insurance that does not exclude it, it is possible that you can get some recovery from the title insurer. Things get even better if Verizon doesn't have an easement; in that case, you might be able to leverage the situation into a payment from them to keep the line where it is. It all depends on the state of your title and that is something that needs some research.

If you can't find the record of a title search, one can be created for a reasonable cost. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/13/07, 12:22 am


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