Neighbour's power line crossing my property

SAFA1 · Jul 17, 2016 9:11 pm

I can't find a solution to this on the forum: The electricity poles are across the street from my property. The powerline to my neighbour crosses the corner of my property (about 1m in from the side). What recourse do I have against the power provider to move this as it is an illegal encroachment?

bashworth · Jul 17, 2016 10:46 pm

Assuming that it's an old property the electricity company probably have an easement created by it being in place over an extended number of years.

Many years ago it wasn't uncommon for utilities to have informal easements. (for example they would offer to provide power to a street at a cost of $x if they were allowed to put overhead cables from a limited amount of poles which meant that the situation like yours would occur. If extra poles were required the cost to everyone would go up) Most residents would prefer the lower cost.

SaveH2O · Jul 18, 2016 1:26 am

SAFA1

.....it is an illegal encroachment?

Proof please.

qebtel · Jul 18, 2016 2:26 pm

SAFA1

I can't find a solution to this on the forum

Why would you expect to find a solution here? Its a legal matter, this is a building forum.

The encroachment may or may not be retrospective depending on your state.

Does it actually interfere with anything, as I couldnt imagine it would?

SAFA1 · Jul 18, 2016 5:24 pm

bashworth

Assuming that it's an old property the electricity company probably have an easement created by it being in place over an extended number of years.

Many years ago it wasn't uncommon for utilities to have informal easements. (for example they would offer to provide power to a street at a cost of $x if they were allowed to put overhead cables from a limited amount of poles which meant that the situation like yours would occur. If extra poles were required the cost to everyone would go up) Most residents would prefer the lower cost.

Thanks for this. I can understand a prescriptive easement/servitude due to time, but the properties serviced are relatively new builds. I called the council and the electricity company - Bottom line seems to be no real recourse unless I want a lengthy court battle.

SAFA1 · Jul 18, 2016 5:35 pm

qebtel

SAFA1

I can't find a solution to this on the forum

Why would you expect to find a solution here? Its a legal matter, this is a building forum.

The encroachment may or may not be retrospective depending on your state.

Does it actually interfere with anything, as I couldnt imagine it would?

Why bother posting a response if you are going to be offensive.

I am posting in the building forum as I want to do a KDR and their lines will interfere with my construction. I assumed that others here would have had similar experience.

Beetaloo · Jul 19, 2016 11:48 am

I have a high voltage power line crossing my property that supplies my neighbours.

About half the length of the line is shown on my title as an easement.
I assume that the line was built in 2 stages. The first stage may have been constructed at a time when formal easements were not required (I.E. before the electrical utility was privatised)

The second stage (when the line was extended to serve another neighbour) must have been built after privatisation of the electrical utility. Only the second stage is covered by an easement on the title.

B STAR · Jul 19, 2016 11:59 am

On my drive to work today I took notice and found almost ever house is like this. If you when your legal case it will be an expensive job for the power company to comply.

StructuralBIMGuy · Jul 19, 2016 12:16 pm

SAFA1

I am posting in the building forum as I want to do a KDR and their lines will interfere with my construction. I assumed that others here would have had similar experience.

Unfortunately, It should have been picked up earlier..if you intend building and it interferes with site access for cranes, pumps etc
diverting to underground power (High voltage between poles) is very expensive last quote $60K+ inner city perth goodluck

Stewie D · Jul 22, 2016 10:57 am

If it only crosses your property 1m then how is that going to interfere with your new build seeing as most front setbacks are 6m or so ?

Stewie