restricting parking in a utility easement

[notmyrealname]

there's a 10' utility easement along the front of my property, along the road. the deed specifically states it is for the purpose of installing, maintaining, and operating overhead wires, water lines, gas lines, trimming trees away from wires, etc.

there are no other easements. there is no mention of parking or the designation of a right of way (description of size, purpose, or existence).

is it common for neighborhoods to claim some sort of right-of-way along the road or does the easement need to specifically declare this purpose?

i don't see why i'm forced to allow people to park in my yard because they built their house so big they don't have room to park in theirs. it's dangerous for traffic, they leave ruts, and i don't want to see their vehicles in front of my house. for you city dwellers, this is the country...county jurisdiction, not city. there are no curbs or sidewalks out here.

what can a landowner do to declare no parking? what about getting someone towed that still parks there?

as a landowner, can someone who parks there sue me if they or their car get hit by traffic?...such as in a hit and run, likely to be side-swiped parking there.

PLEASE...no discussion of the merits of a homeowner's association

thanks

 

[Rocky_Road]

Re: restricting parking in a utility easement

Seen the same problem with a neighbor, down in South Florida.

A couple of flat tires...and his problem seemed to just go away!

Go figure....

 

[jlinder]

Re: restricting parking in a utility easement

I have seen people line the end of their property with large rocks. Too big to move easily. It pretty much keeps people from doing just that. Would that work for you?

 

[BaileysBoat]

Re: restricting parking in a utility easement

I have the same thing at the back & side of my property.

I have to give Ottawa Hydro/Rogers Cable/Bell Canada access to their equipement but no one else.

Its not a public right of way, it's an easement on my property.

Either way it's private property, and I can have someone ticketed and towed if they park there.

Your neighbors aren't being very considerate.

 

[Bondo]

Re: restricting parking in a utility easement

Its not a public right of way, it's an easement on my property.

Either way it's private property, and I can have someone ticketed and towed if they park there.

Your neighbors aren't being very considerate.

Ayuh,.... Exactly....

As far as any Liabilities,...
Anybody can sue you, at anytime, for any reason,...
That's what Home Owner's Insurance is for....
But,...
It Is Your property...
You only have to yield access to the terms stated in your deed...

Good Luck,+ Welcome Aboard,...

 

[chiefalen]

Re: restricting parking in a utility easement

Put a hedge row there, and when they come to do work on the line they can come on your side of the row.

Put a fence and a hedge row. Let them park in the street.

 

[Bob_VT]

Re: restricting parking in a utility easement

I think I would attempt the simple solution first. Have you asked them not to park there? Mentioned it may be a hazard? I live on a road with a 50 mph speed limit and no one would ever park on the road..... no curbs or sidewalks here either.

I would try the subtle approach first...... it is the cheapest way.

 

[OldePharte]

Re: restricting parking in a utility easement

I'm with Bob VT on this one. Talk first.

Even if you live in the county, no one has the right to park on your land without your permission.

As others have stated, the easement gives the utilities the right to work within the easement boundaries. No more no less.

One question though - Does the road right-of-way extend into what you regard as your property? For example, at the lake, the road is 20 feet wide, but the road easment is 40 feet wide. Even though they will never widen our road, the county has the right to do pretty much what they want within the easement boundary. I can't build anything on it or encroach into it.

 

[i386]

Re: restricting parking in a utility easement

That's my general rule about neighbors. I won't call any authority on them until I talk to them first. Maybe that's why my big scary coon huntin' neighbor across the street does whatever he wants to.

 

[Bob_VT]

Re: restricting parking in a utility easement

Every road in VT has it's space and authority. I was a former road comissioner and most back roads are 3 rods wide (counting right of way). That allows for tree cutting, utilities and road work. That was in the town deeds.

 

[tashasdaddy]

Re: restricting parking in a utility easement

you really need to find the survey stakes, and a copy of your survey before you go too far. the county owns a right away, they can park anywhere out of the traffic lanes. i live on a pretty busy street, two lane, people park in the traffic lanes, actually on one side of the steet, when it rains, if you pulled off the road you would be stuck. and the other side, owners have blocked of the right of way with either stones, post and chain, etc. just a PITA, to get thru sometimes, and school buses come thru here as there is a school around the corner.

 

[notmyrealname]

Re: restricting parking in a utility easement

thanks for the responses. i've tried talking with the new neighbors, they have demanded a public right to park there...jumping and yelling at me that there's nothing i can do to make them get out of the easement (my yard). i should have just called the sheriff then.

again, there is no other easement listed other than the utility. this isn't even a county maintained road. we're so far out, we have to take care of our own roads.

this is a fairly busy street, at least busy for this neighborhood. i'm trying to let traffic flow. these new neighbors also built a 5 1/2' tall stone mailbox on their side of the road so if cars park on my side, they're forced over closer to their monolith of a mailbox. takes up a bunch of their own parking too.

i've tried subtle and am done with that.

 

[BWR1953]

Re: restricting parking in a utility easement

thanks for the responses. i've tried talking with the new neighbors, they have demanded a public right to park there...jumping and yelling at me that there's nothing i can do to make them get out of the easement (my yard). i should have just called the sheriff then.

again, there is no other easement listed other than the utility. this isn't even a county maintained road. we're so far out, we have to take care of our own roads.

this is a fairly busy street, at least busy for this neighborhood. i'm trying to let traffic flow. these new neighbors also built a 5 1/2' tall stone mailbox on their side of the road so if cars park on my side, they're forced over closer to their monolith of a mailbox. takes up a bunch of their own parking too.

i've tried subtle and am done with that.

Sounds like it's time for a fence. If you plant a hedgerow, based on what you said about how the neighbors reacted to a civil discussion, it's likely that your plants would simply be run over.

Where I live, I own the property right out to the road and can erect a fence over the utility easement. If the utility wants to come onto my property, they can call and set up an appointment. No problemo.

Something about "good fences make good neighbors" rings true in this instance. You might also want to get a cheap or free consult from a lawyer.

-BWR

 

[NoKlu]

Re: restricting parking in a utility easement

Contact the county and explain the problem. They will know what you can and can't do with the easement and probably have a county cop that can have a chat with the neighbors.

 

[aspeck]

Re: restricting parking in a utility easement

You may want to call the utility and find out exactly what they expect from your easement to them. It may be that a fence would be in order, with no problem. But you will still have a set back from the road ... if nothing else, for safe ingress and egress to your driveway. Check with the township about setbacks.

Whatever you do at this point is probably going to upset your neighbors, so you need to make sure you are doing everything legally and above board ... you look for all the possible reprecussions before they do. Then when you know what you can and can not do, do what you can. It is still your property.

 

[Bondo]

Re: restricting parking in a utility easement

Every Goat Trail in VT has it's space and authority. I was a former Goat Trail comissioner and most Unimproved Goat Trails are 3 rods wide (counting right of way). That allows for tree cutting, utilities and Goat Trail work. That was in the town deeds.

Ayuh,...

There ya go Bob,... I fixed that for ya,.......

Btw,...
How long is a "Rod" in Feet,..??..??

 

[salty87]

Re: restricting parking in a utility easement

Btw,...
How long is a "Rod" in Feet,..??..??

i couldn't find any stats but doesn't look like more than 5', maybe more with the hair?

 

[joed]

Re: restricting parking in a utility easement

A rod = 5.5 feet.

 

[OldePharte]

Re: restricting parking in a utility easement

What I would do at this point -

1. Find out exactly where my property line is located. County assessors office or county clerk should have property plat.

2. Call Dig Rite, One Call, whatever you got to get a locate of any underground utilities.

3. Install cut down utility poles 6" inside my property line, assuming no underground utilities are in the way. The posts should be spaced every 4 feet or so apart and then plant hedges in between them.

4. Politely inform neighbors, if they complain, that they can park in their driveway or on their property.

Realize that if the utility companies need to dig in the easement, that posts and shrubbery will be affected. But they should replace any disturbed items.

Photos would have been nice.

 

[Bob_VT]

Re: restricting parking in a utility easement

Bond-o 3 rod road equals 49.5 feet of total width....... that includes the road and both sides (where the ditches are "supposed to be")

A surveyor?s rod is about 16? English feet. Three rods are 49? feet ? six rods 99 feet.