That situation is a bit of a gray area and would probably end up depending on the specific wording in the plat map and the state you are in, so comments are pretty general.
If it’s platted as a utility easement and you qualify as a public utility (again, depends on your state and specific situation) then you have every right to be in the easement. As to occupying a duct some other utility installed? Probably not. You can add your own duct if you like but I wouldn’t think you have any right to occupy the other utilities duct. Answer is obviously different if the developer supplied the conduit or there was language in a contract saying otherwise. As usual, advice from an engineer about legal questions is worthless :-) Ask an attorney! Mark > On Jan 18, 2021, at 3:14 PM, Dev <d...@logicalwebhost.com> wrote: > > In a Public Utility Easement (PUE) in a private neighborhood, the developer > says he owns it, but the ILEC is acting like they do. Doubtful ILEC can > produce a document that says they do. The ILEC has a little bit of outside > plant in a large conduit, anything to stop others from pulling fiber through > that same conduit as long as they don’t interfere? > -- > AF mailing list > AF@af.afmug.com > http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com
