Go Bottomutility pole guy wires
 | lbrown59
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2006-03-31 126953
Anybody have utility pole guy wires you have to mow under?
I have A guy wire that I need to have removed or relocated but I can't even get Charter Cable to come out and look at the problem much less fix it.
Anyone out there ever have any success with getting Charter to do anything?
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 | Murf
Join Date: Dec 1999 Posts: 7249 Toronto Area, Ontario, Canada 
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2006-03-31 126954
I don't know about Charter, I assume they are your local company, but I do know about utility wires, and all the stuff that holds them up.
If, and I want to emphasize the word "IF" you can get them to make a change, it will be expensive. In most cases they will not do anything, beg, plead, or scream.
They guy wires are positioned to offset the pull in another direction. If they are relocated they will not be as effective, if any good at all.
In some cases they will install something called a 'stiff leg' which is, as the name suggest, a rigid bar extending out horizontally from the pole over which the guy wire is then strung. This means the guy wire now comes down vertically instead of on an angle. They are usually seen where a sidewalk needs to go between the pole and the guy wire.
The simplest solution, and always the cheapest, is to merely replace the grass where you can't mow with something that doesn't need mowing, like mulch or gravel with barrier cloth below it.
Best of luck. ....
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| lbrown59
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2006-03-31 126955
1* don't know about Charter, I assume they are your local company, but I do know about utility wires, and all the stuff that holds them up.
2*If, and I want to emphasize the word "IF" you can get them to make a change, it will be expensive. In most cases they will not do anything, beg, plead, or scream.
3*They guy wires are positioned to offset the pull in another direction. If they are relocated they will not be as effective, if any good at all.
4*In some cases they will install something called a 'stiff leg' which is, as the name suggest, a rigid bar extending out horizontally from the pole over which the guy wire is then strung. This means the guy wire now comes down vertically instead of on an angle. They are usually seen where a sidewalk needs to go between the pole and the guy wire.
5*The simplest solution, and always the cheapest, is to merely replace the grass where you can't mow with something that doesn't need mowing, like mulch or gravel with barrier cloth below it.
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1*They are the local T V cable company but I'm not their customer as I don't have their service.
2*In that case It's tempting to simply dig out the screw in anchor and wrap the guy wire around the pole and lean the anchor against the pole.
I bet If I caught the guy wire with the rops Tearing it off the pole they'd replace it at no charge or they might not even reinstall it.
The way I see it they can fix it now or after I do that.
3*The guy wire may not have been positioned in the best place to start with or it may not have been needed in the first place. How effective is it if I hit the wire with the tractor and pull the pole down?
I'm simply trying to get them come out here so we can discus the problem to see if a better alternative can be worked out.
I don't think that's unreasonable or asking to much out of them.
4*I have a similar idea in mind but how do I even suggest it when I can't get them to come out and look at the site?
5*That would work for that but not for a path or trail that you travel with the tractor.
I have another pole in the front yard that I made them remove the screw anchor and take the wire off the pole and they never did put in that guy wire. I was here when they went to install it and made them stop.
They slipped the other one on the other pole when I wasn't around to put a stop to it.
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 | kthompson
Join Date: Oct 2005 Posts: 5275 South Carolina
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2006-03-31 126957
lbrown,
A very important point I do not see is where is the guy wire? If it is in the county, state or who ever's right of way or if the company has sign autorization by property owner, I think any replacement of anything caused by your catching it while mowing would be YOURS. The signed autorization could have been given by a prior owner and it would still be valid.
We had a major pole and guy wire that was an issed on location and the electric company told us to move our drive. To which I told them, sorry, you set your guy wire right in the middle of the only legal access to the property. They had no choice but to relocate the guy wire. The pole was of less concern and we allowed it to use a couple of feet of the limited legal access.
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| Murf
Join Date: Dec 1999 Posts: 7249 Toronto Area, Ontario, Canada
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2006-03-31 126959
LBrown, my reply below relates in numbers to your point numbers;
1) Whether or not you are their customers has no bearing at all.
2) I can only assume the laws are similar there as here. If you did that here, and for instance the pole leaned or fell, and caused an accident, or the line was broken, you would be entirely responsible for such, legally and financially. One of my competitors accidentally damaged a telephone wire along a street, it cost him nearly $40,000.
3) Best place was their decision, not yours. Again, see the above.
4) Like I said in the first place, "IF", pull out your cheque book, only way I know of.
5) I guess you have two options then, write a cheque, or find a new path.
Sorry to be a pessimist in all this, but our family farm has been doing utility line work with our horses for a lot of years. In the 20+ I've been doing it personally, I've only ever seen it moved for free at the request of a private citizen. I assume the fact that the 'private citizen' being recently retired after 42 years wiuth the Telephone Compnay had a lot to do with it.
Best of luck. ....
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| lbrown59
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2006-03-31 126967
1*A very important point I do not see is where is the guy wire?
2*if the company has signed authorization by the property owner,
3*I think any replacement of anything caused by your catching it while mowing would be YOURS.
4*The signed authorization could have been given by a prior owner and it would still be valid.
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1*The guy wire is attached to a screw in anchor on my property. The pole is right close to being on the property line. It may be on my property then again it might be on my neighbors property which could present an interesting situation.
If the pole is actually on my neighbors property does the company have the right to attach the guy wire to an anchor on my property?
2*I bought this land from my parents 40 years ago.
To find out who if any body gave them a right away one might have to go back 75 or 100 years ago.
3* That may not be 100% true now that I've notified them of the safety hazard. If they do nothing to rectify the situation they could possibility be held negligent if something like that happened.
4*To find out who if any body gave them a right away one might have to go back in time 75 or 100 years .
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| Murf
Join Date: Dec 1999 Posts: 7249 Toronto Area, Ontario, Canada
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2006-03-31 126970
LBrown, again, I use your numbers for ease of reference;
1) Rest assured, no company would place any plant (hardware, equipment, etc.) anywhere, without first having the legal right to do so. Interefering with it would then be a real problem.
2) Yes, that is correct.
3) Actually it's the other way around. Once you've 'notified' them, they have proof you were aware of it too. The onus is on you, the vehicle operator to be aware of potential hazards like that, and to stay away from them. Same principle as "call before you dig", you are driving, you know the cable is there, YOU have to avoid it.
4) Again, yes that is correct.
In some areas, especially in subdivisions, there is one easement or right-of-way given to all utilities at once, before any lots are sold.
The other hook a lot of utilities use is old "Terms of Service Agreement" (TOSA), it may be that that pole line USED to belong to say, the Telephone or Electric company, and when they buried their wires, they sold their easement to the Cable company, a very common situation. If you disturb their wires, you are violating their TOSA, at which point some nice person comes out cuts off your telephone or electric service because you messed with a cable wire.
This is commonly used to combat signal piracy here, steal cable TV, and you will lose your cable, your telephone & electricity.
Best of luck. ....
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| kthompson
Join Date: Oct 2005 Posts: 5275 South Carolina
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2006-03-31 126971
lbrown,
I think it would lay on the company to prove the guy wire is in a right of way or they have authority for it to be there.
Do some homework, find out if it is in any government right of way and ask your neighbor if on their land if they approved or not for their side.
If not, then you may need to seek a friendly lawyer. You may find the state agency that regulates utilities would have some influence over them on this and it not cost you an attorney fee.
I am not an attorney but my thoughts is, even if the guy wire is not proper where they have it placed, you could be held liable for any injury or damage you might cause if you knew where it was and hit it. Speaking from my industry's point of view. ....
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 | SG8NUC
Join Date: Jan 2006 Posts: 579 g 
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2006-03-31 126972
Just a suggestion, get a lawyer now before you preform any of the above actions. You will need one. They have lawyers on the payrole and do this all the time. They know what the outcome will be.
I would also suggest that you drive to their office and personelly face to face talk to the man in charge get his bottom line. If he understands your problem he maybe able to help. This has worked for me several times but at least you will know where you stand. Ripping down the pole or the guide wire and you will be the one that is negligent. Once you have made them mad it will be tough to negotiate.
Just my thoughts ....
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| lbrown59
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2006-03-31 126973
1*Since I'm not their customer they can't see any reason why I would need to have them come out here so yes it does have a bearing.
3*Apparently it's wasn't the best way or I wouldn't need it changed now? I think they took the easy way not the proper way.
Also time changes things: What was appropriate years ago may be inappropriate today.
4*Why should I pay for them correcting an improper installation?
BTW the way I'm not asking them to replace the pole or re route the cable or anything like that.
Jus get with me and see if a simple change on the guy wire can solve the problem. What's so complicated about that?
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| Murf
Join Date: Dec 1999 Posts: 7249 Toronto Area, Ontario, Canada
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2006-03-31 126975
Something is being overlooked in all of this.
"I bought this land from my parents 40 years ago."
When was this pole put in?
Right or wrong, there is an old principle in law called "estoppel", what is means is that you cannot complain of something that has existed for a period of time.
3) Again, I repeat, "best" for who? I'm sorry to be the one to tell you this, but I suspect the person(s) who installed that pole & guy wire knew what they were doing, or at least a lot more about it than us.
4) See above.
Finally, I repeat again, I think that IF they move it, it will be because you paid them to do it.
Of course, you can always hire a surveyor and a lawyer and spend $50,000 trying to 'force' them to move it if you don't like the idea of spending $5,000 or $10,000 to 'ask' them to move it.
May the biggest wallet win.
Unfortunately your opinion is just that, and they are entitled to their opinion too, it's a free country.
Best of luck.
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 | Peters
Join Date: Feb 2002 Posts: 3034 Northern AL
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2006-03-31 126976
I have kept silent in all of this as I think father Murf knows best.
My father worked as a lineman till he retired. One day a couple of years ago I backed the rental car into the guy wire which is at the edge of his drive way. I had never spent much time at this house as they bought it after he retired. I said to him why don't you move it. There were some old retainers in the barn. He certainly new how. He replied I never hit it and that is the proper location. Why don't you watch what you are doing. Enough said. ....
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| lbrown59
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2006-03-31 126982
I would also suggest that you drive to their office and personally face to face talk to the man in charge get his bottom line.
SG8NUC
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There is no local office which compounds the problem
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| lbrown59
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2006-03-31 126983
1*When was this pole put in?
2* Again, I repeat, "best" for who? I'm sorry to be the one to tell you this, but I suspect the person(s) who installed that pole & guy wire knew what they were doing, or at least a lot more about it than us.
3*Finally, I repeat again, I think that IF they move it, it will be because you paid them to do it.
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1* Have no idea. It was here when I bought the land in 1966.
The electric has been out through here probably 75 to 100 years.
Just to clarify a bit:
The pole is not the issue It's the guy wire attached to the pole that's the problem.
The pole is owned by the electric Co. The Guy wire belongs to the cable company.
The Electric company already has s guy wire on the pole.Charters guy wire runs under the electric company guy wire and sorta parallel to it.
2*The pole and the guy wire were not installed by the same person or company.
The anchor should have been install several feet farther out from the base of the pole than it was.
When the anchor was installed the area where the anchor should have been installed was grown up in very dense brush and tree saplings.
Instead of clearing out the brush and installing the anchor in the proper location charter simply drove the anchor into the ground in a clearing at the edge of the overgrowth.
3* That's not likely to happen if I can't even discuss the matter with them now is it?
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 | harvey
Join Date: Sep 2000 Posts: 1550 Moravia, NY 
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2006-04-01 126991
This guy wire is not going to get moved. The second cable I suspect is so the weight of the cable does not arch the pole.
What was the thread about eminent domain? If these utilities serve the public and the have to run across your land there is a utility right of way and I'd bet a lot of bucks that the distaces from the pole are covered in the right of way.
Power companies hate the cable companies using the poles to start with. But they have been in bed with each other since Electricity and Phones. The public demanded they use one set of poles for 2 services.
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| lbrown59
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2006-04-01 126994
1*This guy wire is not going to get moved.
2*I'd bet a lot of bucks that the distaces from the pole are covered in the right of way.
harvey
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1*Why not?
2*I Don't know what you mean here: What are you trying to say?
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OUR FIRST CAR http://www.hubcapcafe.com/ocs/pages01/chev6003.htm
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| lbrown59
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2006-04-01 126997
I1*'d bet a lot of bucks that the distaces from the pole are covered in the right of way.
xxxxxxxxxx
1*When the anchor was installed the area where the anchor should have been installed was grown up in very dense brush and tree saplings.
Instead of clearing out the brush and installing the anchor in the proper location charter simply drove the anchor into the ground in a clearing at the edge of the overgrowth.
If the over groth would have been another 5 feet wider the anchor for the guy wire would have been five feet closer to the pole than it is now.
Is this installing the guy wire according to specs and code?
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| wingwiper
Join Date: Jun 2004 Posts: 676
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2006-04-01 127007
I have a pole and guy wires on my land, right near my house and it holds a transformer and gives me the pwoer to sit and reply to this post. If there wasn't a guy wire, i would probably have a pole in the attic. I have planted a flower graden around the base of the pole and out to the guy wire, I do NOT mow around it, use to, I actually weed whack around the wire and mowed close to it and around the pole, I have worst obstacles with the trees and their roots, but have no plans on cutting them down either. ....
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| lbrown59
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2006-04-01 127014
====I never said anything about cutting down or removing the pole. Once again the issue is the guy wire not the pole.=
I didn't say anything about mowing under the guy wire either: let me reiterate _ The problem is the guy wire blocks and or restricts using the tractor over a trail or path on the property.
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| wingwiper
Join Date: Jun 2004 Posts: 676
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2006-04-02 127034
there is a trail between the guy wire and the pole???? Wouldn't it be better to move the trail to the otherside of the guy wire? when you said this "I have A guy wire that I need to have removed or relocated but I can't even get Charter Cable to come out and look at the problem much less fix it." I read it as movingthe pole as well. ....
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| lbrown59
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2006-04-02 127037
<<
1* Wouldn't it be better to move the trail to the other side of the guy wire?
When you said this " I have A guy wire that I need to have removed or relocated but I can't even get Charter Cable to come out and look at the problem much less fix it,
2* I read it as moving the pole as well.
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1*No
2*The pole don't need moved:
The guy wire just needs changed a little or it might not even be necessary to have the guy wire.
Probably only about a 30 minute job.
The electric company set the pole 35 years ago. It's right about on the property line between me and my neighbor. The pole might be on my neighbor or then again it may be on me or could be on both of us. The screw anchor is 19 feet out from the base of the pole and was set in my yard in an area that was all grass and lawn at the time.
I quit mowing the area about 25 years ago and it grew up in dense saplings and heavy brush.
About 5 years ago Charter ran cable service out through here using this pole for their cable and attached another guy wire on the same side of the pole as the one all ready there by the elect company.
Since the area was all grown up with briers saplings brush and vines charter took the easy way our and put the screw anchor closer to the pole than the one from the electric company is. Charter took the easy way out by putting their anchor closer to the pole instead of clearing a path for the guy wire & anchor.
If the over growth had been another ten feet closer to the pole there is no doubt in my mind the screw anchor would be ten feet closer to the pole than it is now.
Should the placement of the screw anchor be determined on the distance it needs to be from the pole or should it be determined by how far the land is cleared out away from the pole?
Now that I have the area all cleared out for them the least they could do is come back and install the anchor and guy wire right if there is going to be one.
This drastically cut down the clearance I had to get around the electric companies guy wire.
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| wingwiper
Join Date: Jun 2004 Posts: 676
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2006-04-03 127059
LRBraown
Are there any Utility lines on this pole, now? If not the right of way is NOT for Charter Cable and you can insist they move it under the Trespass Clause of your State Statutes. If indeed it still has Utility Wires on it, then you are going to have to research your Trespass Clause and Right-of-Way clause a bit careful to see just how far out they have as a buffer. I have power lines running across my property and it has cut my land in half, the Utility company has 50" either side of the poles and they tried to tell me I had to pay them $50 per hour so they could hire a crew to cut the trees that were going to interfere with the lines. I said B.S. I ain't paying and would take a chainsaw to the poles first. They wanted to poison the ground beneath the trees and as the Property owner I denied them that privelage and they got pissed, now they think they are sneaky by putting the spray warnings on the back of one of my Bills. I sent them a Regestered letter two years back with Permanent denial to spreay, they signed and they have it, so if I miss one of their camofluaged warnings I will go after them.
I would say two guy wires on one pole is a bit much, mostly if only a single cable line is running on it, Ours have about a ten foot holes drilled and then concrete poured and anchor bolt set.
Good Luck and show no mercy for they didn't to you. ....
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| kthompson
Join Date: Oct 2005 Posts: 5275 South Carolina
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2006-04-03 127060
lbrown,
I thought you were asking for suggestions when you first posted. Seems what you really want is support for the idea to go ahead with tearing down their guy wire. Don't think you will find that here. You may have tried what you think is more than polite and required to get their attention and they do not responsed.
Again, I suggest you (not saying this order):
Talk with an attorney.
Talk with your State agency that regulates them.
Talk with your local government as to right of ways and such. (or what ever government has the control on that right of way)
Since you said it is not their pole but their guy wire, take with the electric company and ask for their help.
If you find a code or law that proves your case then ask that agency or government to enforce it.
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| lbrown59
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2006-04-03 127065
1*Talk with an attorney.
2*Talk with your State agency that regulates them.
3*Talk with your local government as to right of ways and such. (or what ever government has the control on that right of way)
4*If you find a code or law that proves your case then ask that agency or government to enforce it.
5*Since you said it is not their pole but their guy wire, take with the electric company and ask for their help.
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1*Hopefully this will be a last resort and not become necessary.
2* through 4* All good suggestions - thanks
5*The electric Co. has been out here and looked at the pole and said the guy wire in question is Charters baby even though the pole is the power Co.s
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| lbrown59
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2006-04-03 127071
1*Are there any Utility lines on this pole, now? If not the right of way is NOT for Charter Cable and you can insist they move it under the Trespass Clause of your State Statutes
2* the Utility company tried to tell me I had to pay them $50 per hour so they could hire a crew to cut the trees that were going to interfere with the lines. I said B.S.
3*I would say two guy wires on one pole is a bit much, mostly if only a single cable line is running on it,
wingwiper
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1*One set of electric lines and charters cable.
Charter has the right to use the electric COs. poles because the power co. rents them the use of the poles.
2*That sure is a crock of BS because it's the power companies responsibility to maintain their right away not yours.
Some years back the power company took down 3 trees in my front yard in their right away that were under their lines growing up into them.
Didn't cost me a cent and I was glad to see them go because they were 2 close to the house and I was afraid the wend would blow them down on the house.
3*I'd agree.
Charter tried to add an extra guy wire on a pole in my front yard but I put a stop to it when they started to install the screw anchor.
I wasn't home when they put the guy wire on the pole in question - probably wouldn't have put one on it either if I'd have caught them in the act like I did with the pole in the front yard.
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| wingwiper
Join Date: Jun 2004 Posts: 676
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2006-04-03 127081
Lrbrown
"1*One set of electric lines and charters cable.
Charter has the right to use the electric COs. poles because the power co. rents them the use of the poles."
They very well may have permissione to USE the poles, that does NOT give them the same Legal Jurisdiction as far as Right of Way. They have (MHO) illegally installed a guy wire onto your property. If you read your Property deed, the only Right Away is to the Power company if in fact they have any right of way on your land, I think you said the pole was onot on your land and Charters Guy wire was, which in that situation Charter illegally installed the Guy wire and you can INSIST that they remove it or cut it yourself, I would seek legal advice first, regardless but it sounds like a clear case of Trespass.
"*That sure is a crock of BS because it's the power companies responsibility to maintain their right away not yours.
Some years back the power company took down 3 trees in my front yard in their right away that were under their lines growing up into them.
Didn't cost me a cent and I was glad to see them go because they were 2 close to the house and I was afraid the wend would blow them down on the house. "
Not so Lr, I pay the Proerty taxes and they must seek owners approval prior to removal of anything, including trees. I also have WIld Berry Bushes under the power line swath and the poison could very easily affect my Water, so I have denied them every time. The last time they went up with some type of heavy equipemnt and removed some Cherry trees that were NOT in their right away and those trees are expensive and they put them in a chopper. I have been raising Hell and that is stillon going. Right of Way Is not the same as Holding Title.
I am sure you have a Legal case and should pursue it or call the State's Attorney or even the Public Utility Board.
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| lbrown59
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2006-04-03 127088
1* I think you said the pole was not on your land and Charters Guy wire was,
2*They very well may have permission to USE the poles, that does NOT give them the same Legal Jurisdiction as far as Right of Way.
3*Not so LB, I pay the Property taxes and they must seek owners approval prior to removal of anything,
wingwiper
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1*The electric company set the pole 35 years ago.
It's right about on the property line between me and my neighbor.
The pole might be on my neighbor or then again it may be on me or it could be on both of us.
The charter guy wire is on my land.
2*I've been wondering just what privileges does a right away give someone anyway?
Can they just use the property any old way they see fit without any restrictions and without regard to the property owner?
3* What I meant is it was a crock of B.S. for your power company to try to make you pay for the tree cutting. I was sympathizing with you.
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http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243
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 | yooperpete
Join Date: Jan 2004 Posts: 1413 Northern Michigan
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2006-04-03 127092
All you need is one of my tennants at the rental house and my 17 HP Cub Cadet lawn mower. They managed to cut the guy wire off clean at the ground level where the cable wraps around the loop. After a few days or a week the metal shield disappears then after a few more days, the cable itself disappears and the problem is solved. You don't know that it happened or even when and never noticed it. ....
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| kthompson
Join Date: Oct 2005 Posts: 5275 South Carolina
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2006-04-03 127104
lbrown,
I have the impression you have no beef with the power company. If they are friendly to you they may tell you quickly if Charter is proper in what they have done and if there is anything you can do either way.
It is my impression that what I often refer to right of way is property that really "belongs" to whoever owns the highway. If it is an "easement" I think you will find it totally different. As to easements in, our state uses a single use and time easement. Our county uses a permanet easement. In the second you have really given the land to the county and you still get to pay taxes on it.
Please help me here if you will. The pole is sitting about on the line between you and your neighor. The guy wire is on you. (my understanding) Then the guy wire does not run at a 90 degree angle to the road, is that correct? At the same time I don't beleive you said the pole or guy wire are on the side of road, thus the road's right of way or easement. ....
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| wingwiper
Join Date: Jun 2004 Posts: 676
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2006-04-03 127108
Road right of ways are uaually 25 feet from center.
My guess would be the Public Utility has a Right of way for ONE pole and if that pole was placed 35 years ago and the original guy wire then as well, then the right of way has already been defined by (latin word for if it has been going on for 10 years it is the way) Charter Cable came after the fact, way after the fact and on a pole they only RENT USAGE of and put in a second guy wire without so much as knocking JR's door. Charter is not even on LR's deed and I am sure no matter how many tiomes the deed is written you will not see anything that gives a Cable Company any right of ways. You need only do a Title or deed search of your property deed and it should be spelled out in detail who has right of way and for what reasons.
I had a right of way for an adjacent landowner to run a hose from a spring across my property to his home for water and he also had priveleage to enter my property ONLY for maintence of said lines. He drilled a well over ten years ago and no longer has been needing that line and because he has not used his priveleages for over ten years they are now revoked under that same latin word I can not think of.
Power companines usually have only the right to keep trees and shrubbery clear of the poles or rather the lines, if the tree can fall and not hit the lines they do not need to be cut. ....
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| kthompson
Join Date: Oct 2005 Posts: 5275 South Carolina
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2006-04-03 127109
WW,
It seems most of our rural roads have 33 feet from center line right of way. Greatly surprised me when we built a few years ago.
As to power company here cutting trees, they only cut those that are in reach of the lines with the tree standing. Boy if they went to cut all that could hit them if they fell, we would be selling fire wood around the world. To think on it, they only cut what is in the right of way. ....
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| Murf
Join Date: Dec 1999 Posts: 7249 Toronto Area, Ontario, Canada
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2006-04-03 127115
Until you know, a) the terms of the original agreement, and b) exactly where all this hardware is in relation to the property lines, all this is nothing more than "whistling Dixie".......
It sounds good, but it's really nothing more than a bunch of hot air!!
Best of luck. ....
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| wingwiper
Join Date: Jun 2004 Posts: 676
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2006-04-03 127116
Murf
No insult intended, but here in the states things work a bit different than there in Canada. Public Utilities and Public Highways have right of ways and they are very clearly defined on ones deeds. Depending on whether it is a 2 rod, 3 rod or 4 rod road the right of way may vary.
LR go to your State Statute web site and you could probably find what you need there. Here in Vermont we can access all of our state Statutes by the Vermont Leglislative website and it has a nexis search.
No Hot air from here, only my experience and my dealings with right of ways and Titles.
Good Luck ....
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| lbrown59
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2006-04-03 127121
1*The pole is sitting about on the line between you and your neighbor
2*The guy wire is on you.
3*Then the guy wire does not run at a 90 degree angle to the road, is that correct?
At the same time I don't believe you said the pole or guy wire are on the side of road, thus the road's right of way or easement.
==========
~~~~~1* Correct ~~~~~~~
:::::::::2* Right .:::::::::::
3* neither the pole nor the guy wire are on any road or government right away. Right this is all on private property.
....
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| lbrown59
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2006-04-03 127123
1*My guess would be the Public Utility has a Right of way for ONE pole and if that pole was placed 35 years ago and the original guy wire then as well, then the right of way has already been defined
2* Charter Cable came after the fact, way after the fact and on a pole they only RENT USAGE of and put in a second guy wire without so much as knocking at LBs door.
******************
wingwiper
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2* That's exactly what they done.
I wonder if this is why charter backed off when I told them they couldn't put a guy wire on the other pole.?
It seems very odd to me the that the only pole they put a guy wire on was the one where they did it behind my back
....
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| wingwiper
Join Date: Jun 2004 Posts: 676
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2006-04-04 127137
LR
What is the purpose of the second Guy Wire? You must call them and demand they remove that Guy Wire and you also must send a Registered letter to them and document the letter to establish written request to remove it. At that point you have put a Ball in motion where they can not say that you have accepted the fact that the Guy Wire is there.
Road easments or right of ways have NOTHING to do with Poles, tey are for widening the roads in the future, water drainage and shoulders, Public Utility Righ of Ways and Highway right of ways are totally seperate from each other and are defined sperately.
LT read your copy of the title to your property see if there is a right of way of any kind and the tiltle will detail where that right of way is what it is to be used for. Utilities can not add extra poles nor guy wire without owners consent. I have checked with a lawyer friend. I went through somehtinglike this a few years ago with Verizon. They wanted to put two more poles on my porperty for bringing in High Speed Lines, I gave themthe go ahead and they had a diagram showing where they were to be. I accpeted and four years later still do not have DSL. If I had been smart enough I could have gotten their reasons in writting and have them remove the poles. Their side of the deal is not complete.They are NOT and have NOT been added to my title. There is a signed agreement but no lawyers were involved. I haven't said anything for I have ten years before it becomes final and i don't want to piss Verizon off cuz I want DSL and they say soon.
Youhave a case and I would get startd with the written requests. Carter has Zero rights to right of ways for they are NOT a Public Utility they are a cable company and theyoffer somethingthat people can live without so even eminent domain is not even a close factor. ....
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| wingwiper
Join Date: Jun 2004 Posts: 676
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2006-04-04 127138
KT
Are those rural roads a 3 rod or four rod road? paved? Vermont even for our state roads are 25 feet from center line and in the last place I lived, I was putting in a mailbox on te other side of the road and when I dug I hit pavement and when I looked down te hole I saw when appeared to be aroad edge line, so I called the state and told them theyhad been movine the road closer to my house with each repaving and that there NEW 25 ft was preventing me from building a garage, for te town had a zone restriction that said I could NOT build with in 25 ft of the road right of ways. I was about 1 ft into that right of way, so the sate signed a release statingthat te highway crews over the years had shifted the road by x number of feet and their 25 ft was actually 4 ft further away which in turn made me legal to build. Shit happens. 33 ft is a lot of right away, is it flat ground and do they need that extra footage for water control and drainage? ....
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| kthompson
Join Date: Oct 2005 Posts: 5275 South Carolina
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2006-04-04 127144
WW,
Our land is basically flat and we do normally have ditches on each side of our paved roads. Sometimes on our dirt ones. South Carolina is different so I understand in a lot of our paved rural roads as they are state roads with state rights of way. The counties for last few years have been who is paving the roads and I think they may be using the 25 foot width as they require at least 50 feet total for roads in any new development and there are tons of those. By far our state highway dept is much better to work with than our county is. ....
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| lbrown59
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2006-04-04 127206
This is in open land on private property away from any road. ....
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| lbrown59
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2006-04-07 127388
I went to the county recorders office today to do a search on my property for right a ways and or easements on it.
They asked me what kind I was looking for and when I said Cable Company she said Cable Companies aren't granted such things.
==That being the case I couldn't see spending 2 or 3 hours there searching back a hundred years over who knows how many former owners for nothing.
==========Seems like the Guy wire may be here illegally. That could explain why they didn't give me any lip when i put a stop to them putting a guy wire on another pole in my yard
~~~~~~~~~~~~ ....
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 | kyvette
Join Date: Feb 2004 Posts: 194 Central Kentucky
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2006-04-10 127505
lbrown59, I have scanned all of the responses, therefore, please forgive me if I repeat something that has already been suggested.
I am an electric utility engineer and quite offen we are ask to remove or relocate a guy wire. If I could see a layout of how the poles and anchors are placed I could advise as to the neccessity of the guy wire in question. Generally, if the route deadends or makes an angle on the pole (>5deg) a guy wire and anchor are required.
Since you have talked to your cable company and can't get a response, try the electric company that owns the route. If the cable company has rights to occupy the pole space then they should be able to also attach a guy wire to the power company's anchor. If the power company's anchor is a double or triple eye, its easy to tell by the grooves in the eye of the anchor, the cable company could relocate to this anchor. A simple process that would take longer to drive to the site than do the work.
If this failed to work, then I would contact the state or local government agency that regulates the cable company. It maybe different than that of the electric company as cable companies are not considered a utility unless they also provide telephone. Be sure that you have documented your attempts to contact the cable company.
In some instances we will refuse to make an adjustment to a guy wire, but this is rare. We do charge the customer but unless a new pole is involved these charges are only a few hunderd dollars. If a pole is involved this can quickly grow to a few thousand.
There is the possibility that the cable company doesn't have rights to attach to the power company poles. If this is the case the power company should deal with the situation.
Hope this helps, Dave ....
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| lbrown59
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2006-05-01 128635
Yesterday I noticed the pole in my other neighbors yard has a guy wire in it.
Odd thing about it is the Pole is leaning to the left and the guy wire is pulling in the direction of the lean.
So much for the statement they always put the guy wires where they should be or are always in the right place. ....
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| Murf
Join Date: Dec 1999 Posts: 7249 Toronto Area, Ontario, Canada
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2006-05-01 128645
lbrown, this is a fairly common occurance, and usually has little to do with the original installation.
When a pole is first put in, the crew has very little idea of the soil conditions, other than what comes up the auger. When they put the guy on the pole it is tensioned, occasionally the soil is not as supporting as it should be and the tension on the guy strand itself actually leans the pole over.
The same sort thing often happens where poles are set in marginal soil in an open area. If the prevailing winds are close to perpendicular to the wires, the wind against the wires and poles can, over many years, push the poles over a few feet.
Best of luck. ....
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