I am going to assume that this easement is not anywhere near the ROW. If
its in the ROW then they possibly permitted it. If not and they are in
trespass. I would push them for as much as you can. They will pay up to
the amount it would cost them to move it and pay for another easement.
They will likely only do a one time payment, but would look in to
limiting the term like 10-15yrs. You can also make it non-transferable
so if they sell it off to another company they will have to get a new
easement. The other thing depending on the laws in your area make
certain they are responsible for any property taxes associated if its
applicable.
On 3/23/26 11:02 PM, Ken Hohhof wrote:
A quick Internet search suggests a one time fee is more likely than rent.
Should compensate for loss of value of your property as well as fees you incur
like legal, surveying, etc. Search for utility easement compensation or ask an
LLM to do so.
First question would be what is your desired outcome? Do you want
compensation? Do you want them to put their cabinet somewhere else? Also do
they have legal options to put it there without your permission or paying
compensation, like some local or federal broadband law or eminent domain?
You can ask for recurring rent payments, not sure how likely that is for just a
small cabinet, might be successful if your objective is just to get them to
move it elsewhere. The fact they just put it there without even contacting you
seems pretty rude. Maybe they assumed since it was near a utility pole it was
a public ROW not an easement.
-----Original Message-----
From: AF <[email protected]> On Behalf Of Chuck
Sent: Monday, March 23, 2026 7:12 PM
To: [email protected]
Cc: [email protected]
Subject: Re: [AFMUG] Spectrum Easement
Let them know to pay rent or remove it. Shut off the power and you will get
their attention. Cut off their lock and put yours on it. Tape a message to
the cabinet with contact info on it.
Sent from my iPhone
On Mar 23, 2026, at 3:45 PM, David Hannum via AF <[email protected]> wrote:
So, I drive past a rental property I own, and Spectrum (RDOF build) is placing
a cabinet on my property. I have an easement from 2003 with the electric
utility to place a pole there and a cabinet for THEIR use, but there is nothing
in the easement that would afford them permission to allow Spectrum to build a
cabinet for Internet (commerce) on the property. I ran a Title Search (cost me
$550) and it turned up only the easement we gave the power company back in 2003
to put a pole so that the neighbors could get power at a new house. Anyone
experienced with this?
Dave
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