A question I often am asked is whether a resident must allow a telephone company access to the public utility easement across their property in situations where the telephone company needs to install,
maintain, repair, or replace telephone lines located within the easement area. The typical cases are:
* when a tree is growing too close to the lines and branches needs trimming to prevent them from interfering
with the lines,
* when there are damaged lines requiring repair, or
* when new lines need to be added to service new customers in the area.
Does the resident have to give the telephone company access to perform this utility-related work within the designated easement area?
The answer is yes. A utility easement grants the utilities such as the telephone company, an electric, water and gas utility, the right to access the specified area of your property to perform necessary work on their
lines, even if it means crossing through your yard or garden. While the utility company may get access, however, the utility must do so in a reasonable manner, minimizing disruption to your property as much as possible. For example, the utility company should provide you with reasonable notice (e.g., 24-72 hours’ notice) before entering your property to work on the easement. The exception is if there is an emergency situation requiring urgent work for public safety. For example, a line has come down in a storm and needs repair to restore service. Also, the utility should strive to leave your property pretty much the way they found it.
Typically, the types of situations where a resident must allow the telephone company or electric
utility access to the easement is tree trimming to keep the tree branches off the lines, repairs to the lines due to damage or other causes, and new line installations to serve new customers in the area.
It is also important to know that under the Telecommunications Act of 1996, there are now allowed more than one
telephone provider in most areas of the nation to provide competition, encourage innovation, and help drive rates down. So, you will see some new telephone companies asking for access, which they are allowed to do if they hold a regulatory license to serve as a telephone company. You also may see video providers, fiber broadband (Internet) companies and wireless telecommunications companies requesting access, as well as the typical telephone utilities and gas and electric utilities.
If you have concerns about the situation, ask the company exactly what type of work they need to do and why
they have to use the easement on your property. You can also check your property deed to see where the exact locations of the easements are and limit the utility access to the area around the easement on your land. You should get reasonable notice about when the work will be done during normal business hours. You should also express your expectation that they leave your property in good order after the work is done.
