Re: [AFMUG] who owns conduit in private neighborhood?
Yes, if they truly own the duct. Sent from my iPhone > On Jan 18, 2021, at 5:20 PM, Dev wrote: > > Some full, most empty. The current development doesn’t even want them in > there, poor service for over a decade, etc. Can he kick them out? > >> On Jan 18, 2021, at 3:26 PM, Chuck McCown via AF wrote: >> >> No harm. Is the conduit empty? >> >> -Original Message- From: Dev >> Sent: Monday, January 18, 2021 4:09 PM >> To: AnimalFarm Microwave Users Group >> Subject: Re: [AFMUG] who owns conduit in private neighborhood? >> >> 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 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 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 >> >> -- >> 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
Re: [AFMUG] who owns conduit in private neighborhood?
Some full, most empty. The current development doesn’t even want them in there, poor service for over a decade, etc. Can he kick them out? > On Jan 18, 2021, at 3:26 PM, Chuck McCown via AF wrote: > > No harm. Is the conduit empty? > > -Original Message- From: Dev > Sent: Monday, January 18, 2021 4:09 PM > To: AnimalFarm Microwave Users Group > Subject: Re: [AFMUG] who owns conduit in private neighborhood? > > 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 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 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 > > -- > 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
Re: [AFMUG] who owns conduit in private neighborhood?
No harm. Is the conduit empty? -Original Message- From: Dev Sent: Monday, January 18, 2021 4:09 PM To: AnimalFarm Microwave Users Group Subject: Re: [AFMUG] who owns conduit in private neighborhood? 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 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 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 -- AF mailing list AF@af.afmug.com http://af.afmug.com/mailman/listinfo/af_af.afmug.com
Re: [AFMUG] who owns conduit in private neighborhood?
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 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 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
Re: [AFMUG] who owns conduit in private neighborhood?
I am in contact with a developer right now that installed a duct while ditches were open and I think he is going to let us use it. In any event, if he says he owns it I would go with that. -Original Message- From: Dev Sent: Monday, January 18, 2021 1:14 PM To: af@af.afmug.com Subject: [AFMUG] who owns conduit in private neighborhood? 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
Re: [AFMUG] who owns conduit in private neighborhood?
In our neighborhood (private road with easements) it would depend on who put it in and where. The lower half of the road has an easement for the road, but no written rules. The upper half of the road has an easement plus road rules and CC I'm sure that each road has its own issues one way or the other. bp On 1/18/2021 12:14 PM, Dev 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
Re: [AFMUG] who owns conduit in private neighborhood?
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 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
[AFMUG] who owns conduit in private neighborhood?
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
