Legal Question in Civil Litigation in Maryland
Telephone Poll on Private Property
My neighbor and I share a telephone poll that is located on his property. Our houses are about 200 feet from the street and the pole that we share is about 100 feet from the street. This is not a county telephone poll.
My question is: Could my neighbor tell me to move my wires (telephone, cable, electric) from this pole since the pole is clearly located on his property? Is it also possible that my neighbor send me a bill for using the pole that is on his property. I have only lived her for about 2 years and the houses were built about 45 years ago. Unfortunately we do not have a good relationship and we do not speak to each other.
1 Answer from Attorneys
Re: Telephone Poll on Private Property
For a number of reasons, it is fairly unlikely that your neighbor can tell you to move your wires. For one thing, the cable/phone/electric companies are likely to have some say in the matter. Plus, if the pole and utilities have been in use for 45 years along the same "right-of-way", it is quite unlikely that your neighbor can force a change now.
(To be sure, some fact-specific inquiry might be required for a more definite answer, especially if your neighbor was pressing the issue. But based on what your describe, your utilities seem to be okay.)
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