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ATT Was in My Backyard When I Woke Up


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2017 Jun 9, 11:15am   3,705 views  9 comments

by NuttBoxer   ➕follow (0)   💰tip   ignore  

So my dogs started barking this morning, and my wife says she thinks someone is at the front door. I get up, put some shorts on, and go to let me dogs do their morning business only to find two guys in my backyard. I open the door and tell them they can't be here since I didn't let them in. They say they're from ATT, and easement laws allow them to do whatever the fuck they want in my yard(my translation). Called the local PD, and confirmed this is not the case, that they do have to ask permission. Filed a complaint with corporate ATT, and got the same BS from the lady who took my info about their rights to my land.

So I see two sides to this, and ATT is wrong both times. Say easement laws do allow anyone in my backyard without permission. As a company, why would you ever do this? Isn't it always going to give you better customer relations to come back when someone does answer the door and ask permission? I likely would have said yes, since I'm generally not an asshole. Now I will always say no, and make sure my yard gates are always locked. The other side is property rights cannot be violated, ever. That's what the country was founded on, but government and corporations have been steadily eroding those rights for the past hundred years.

I don't have any services with ATT, as I dropped their internet plan about 6 months ago when they refused to stop charging me a rental fee for a modem I bought off craigslist. ATT clearly has NO respect for individuals rights, and will trample them at will to suit their needs.

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1   rigidmember   2017 Jun 9, 11:32am  

I'm a civil engineer and at times do right-of-way acquisition for utility easements for private companies or public facilities. When I first read your comment I thought, no way they can cross your property without it being defined in the recorded easement agreement. If they did have the ability to cross your property as written in the recorded agreement then I imagine that would have been discovered by the title company when you purchased the home. You could look at the encumbrances listed on the title report and it should list the recorded document for the utility easement. You can get a copy of that and review their rights.

I then thought, if the utility company has a piece of infrastructure that was located in the section of the easement on your property and they needed to maintain it how would they get access? If this easement is behind the homes would they walk along the easement from a public point of access to reach the area for maintenance? That seems excessive as they may need to bring equipment etc that would make that not feasible. I then searched the internet and found something called "easement by necessity" which sounds like it grants the utility company the ability to cross your property even though there is no defined easement across your property for them to access their utility easement. See the language below from this site http://www.nolo.com/legal-encyclopedia/easements-overview.html

"Even if it isn’t written down, a legal easement can exist if it’s absolutely necessary to cross someone’s land for a legitimate purpose. The law grants people a right of access to their homes, for example. So if the only access to a piece of land is by crossing through your property, the law recognizes an easement allowing access over your land. This is called an “easement by necessity.” When land is subject to such an easement, the landowner may not interfere with the neighbor’s legal right."

Maybe someone else can shed some light on this topic as well. I have never come across this issue before but it is an interesting topic.

2   NuttBoxer   2017 Jun 9, 11:42am  

I can tell you that our land was definitely NOT the only way they had to measure the polls/wires, as the poles do not even sit within our property. There are neighbors they could have asked, including a country club to one side. But this would require them caring about people's property rights, and going the extra mile to see if anyone else would let them in. Not worthwhile for men of such low moral character obviously.

3   Ernie   2017 Jun 9, 11:43am  

NuttBoxer says

They say they're from ATT, and easement laws allow them to do whatever the fuck they want in my yard

Move to TX and mow them down with a belt-fed machine gun.

4   NuttBoxer   2017 Jun 9, 11:45am  

I should have let my chihuahuas have at 'em. Then I should have gotten my hose and sprayed them on the highest setting until they left. I won't be so nice next time.

5   Blurtman   2017 Jun 9, 11:51am  

Stand your ground!

6   Automan Empire   2017 Jun 9, 11:52am  

Look at the title to your property. Every property I've owned includes utility easements. They aren't there to mess with your property rights for no reason, they need to access their equipment, maintain it, then GTFO. It would have been courteous of them to knock first, but I'm not sure they're obligated.

Here's what one of my easements looks like on the title:

An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded: in Book 17013, Page 187, of Official Records.
For : poles and incidental purposes
In favor of : Southern California Edison Company, Ltd
Affects : The South 5 feet of the North 105 feet of said Lot 333

7   NuttBoxer   2017 Jun 9, 11:55am  

Automan Empire says

It would have been courteous of them to knock first

They did knock, that's what started the dogs. And as I mentioned, if they had done it at an hour when someone was up and able to answer the door in time, they certainly would have been given access. The issue is what they did without permission, and that they were so flippant about my property rights.

I'm not the owner, I'm a renter, but I have paid for the rights to use the property without my privacy being invaded, and that's what I expect.

8   rigidmember   2017 Jun 9, 1:40pm  

NuttBoxer says

They did knock, that's what started the dogs. And as I mentioned, if they had done it at an hour when someone was up and able to answer the door in time, they certainly would have been given access. The issue is what they did without permission, and that they were so flippant about my property rights.

I'm not the owner, I'm a renter, but I have paid for the rights to use the property without my privacy being invaded, and that's what I expect.

Did they have to pass through a gate that you can put a lock on? If so then just lock the gate and they won't be able to enter without you allowing them to enter. My guess is that they were just going to the easiest point for them to get access and that just happened to be your house

The time though, that's another thing. What time did they start work? Before we bought our place we were renting and had this asshole landscaper who would show up and start work at 7am. I went out one day and said WTF, people are still sleeping can you come back? He looked at me like I was retarded and said, " I can start at 7am". Sure enough I looked up the law and it says they can start landscape work at 7am. Maybe they're allowed to start work at 7am too?

9   NuttBoxer   2017 Jun 9, 2:53pm  

rigidmember says

Did they have to pass through a gate that you can put a lock on?

The gate doesn't have a lock affixed, and we never asked for one. almost a cul-de-sac where we live, so never felt the need. And now that we're moving, kind of too late.

They showed up around 8am. Not too early, just didn't catch us at the best time.

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