The current owner bought the development from the former owner who originally installed the conduit at the prior owner’s expense. There’s nothing on the title that says the ILEC owns anything, just that there’s a PUE. It is super doubtful (unprovable) the owner of the conduit ever assigned it to the ILEC, or has an agreement that gives them access to the private development specifically, other than a general PUE. If the conduit is shared without interfering with the ILEC’s operation, is there harm?
> On Jan 18, 2021, at 12:49 PM, Mark Radabaugh <m...@amplex.net> wrote: > > 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 -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com
