Easement maintenance ~ whose responsibility?

[MsMKY]

Jurisdiction

Pennsylvania

Am I required to clear my land of trees to protect my neighbor's private electric lines which run through my property in Pennsylvania? Trees are not at risk of falling across property lines (my land, my trees, her power lines). There is no documented easement, but lines have been in place since 1968.

 

[army judge]

Am I required to clear my land of trees to protect my neighbor's private electric lines which run through my property in Pennsylvania?

I suggest you ask a couple local attorneys, your local (county, township, or city) elected representatives.

I doubt that any of our responders know anything about city/township ordinances in PA.

 

[adjusterjack]

Am I required to clear my land of trees to protect my neighbor's private electric lines

Clear your land?

No, I don't think so.

But I think you have an obligation to at least trim the branches occasionally to keep them away from the power lines.

 

[welkin]

Am I required to clear my land of trees to protect my neighbor's private electric lines which run through my property in Pennsylvania? Trees are not at risk of falling across property lines (my land, my trees, her power lines). There is no documented easement, but lines have been in place since 1968.

It would be unusual (in easement law) for you to be required to maintain her utility easement absent an express easement grant or a maintenance agreement that required you to do so. You say that there is no documented easement so, there would be no grant.

However, since the power lines were installed in 1968 and the SOL for a prescriptive easement in Pennsylvania is 21 years, an easement probably does exist but has not been granted (by a court) and documented.

On the other hand, an easement may have been established by the utility company that ran the lines across your land in 1968. So, do check with the power company and read your deed to see if describes the easement.

You are the servient estate because your land is burdened by the easement and your neighbor (or the utility company) is the dominant estate because they have the benefit of using your land. Without an express grant to the contrary, it is the dominant estate that has the burden of maintaining the easement. That would be your neighbor or the utility company but not you.