Legal Issue or not

johna

New Member
Here it is. We have been in Jasper Co. club for over 30 years. 545 acres. GA power line is our border to neighbor club. They were here before us. In January it was revealed that owner had sold their land. We share same owner group. As expected this was very hard for our long time neighbor. They had deadline dates for removing EVERYTHING back to natural except existing structures. All cleared out now.
During this clear out I was able to meet sellers Family member rep. He was helpful enough to answer many questions. Related to our property these were his statements before several witnesses;
1. No changes North of our shared powerline. Our property.
2. New owner was to put it in conservancy as mostly timber.
Was reassured at the time but now we see different. Note that I as president of club, have attempted repeatedly to talk with new owner regarding boundary issues and just being neighborly. I tried through seller family rep and seller realty company. No response.
Now, new owner has cut in approx. 8 or more survey lines for parcels. From gravel road hundreds of yards to and across power line. Survey stakes cross power line to our side.
Recently I was contacted by seller real estate co. He says new buyer reached out to seller who reached out to him to report some of our stands on powerline were now on his property and need to be moved. Some stands are not portable. These are on our side of powerline with at most two legs on clearing. This powerline is critical for transit, deer recovery and general enjoyment of lease.
My question is, do property owners have rights on a utility easement and essentially cut off access. Was I decieved. Note that dues went up this year $1090. Same as 2019.
Thanks,
John A
6-2-23
 

JustUs4All

Slow Mod
Staff member
The power line right of way belongs to whoever owns the land it is on. The easement gives some rights to the power company but none to the public.

I don't have enough information to know whether you were deceived or not. Decisions on the sale of land can be taken and altered right up to the moment of a closing, The circumstances can dictate for the land owner(s) and buyer(s) what actions they need to take and when. Circumstances can change in an instant.
 

Crakajak

Daily Driveler News Team
Jasper county tax assessors website might help you with boundries,owners names,etc.
 

Spotlite

Resident Homesteader
Agree with JustUs….

I have a power line crossing my property. The dirt is mine and I can use it however I want, I just can’t deny / block access to the power company.
 
Just us covered it. Who ever owns the land where your access is or your stands are placed has legal rights to control that ground or access.
 

cowhornedspike

Senior Member
Sounds like even though your lease went to the power line, the owner sold all of the land on the other side and some of the land on your side of the power line and now your lease will stop at the new owners property line.

If I understood you correctly, the original owner still owns the part that you lease, correct?

I would probably ask the land owner for an adjusted lease rate based on the amount of land that you lost but that is about all you can do IMO.
 

Throwback

Chief Big Taw
Agree with JustUs….

I have a power line crossing my property. The dirt is mine and I can use it however I want, I just can’t deny / block access to the power company.
Same here. Plus you can’t put up buildings etc under the line that would interfere with them

Very rarely does the power company actually own the land under the lines.
 

Nicodemus

The Recluse
Staff member
Same here. Plus you can’t put up buildings etc under the line that would interfere with them

Very rarely does the power company actually own the land under the lines.


This is correct.
 

Stob

Useles Billy’s Uncle StepDaddy.
If I am understanding this correctly, this is a lease, yes? If so, I think the others have stated the rules already.

But, if you own the land (for other viewers) you can get paid. I have family members with lifetime free power.
 
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