Power Pole On My Property?

Question

I bought a house 2 years ago. At the time I didn't even notice that there is a power pole in the backyard. Is this something I can collect rent for? I have a friend who negotiates with homeowners to put cell towers on people's properties, so I'm not sure if this is the same thing. Not that it's bothering me, but I figured if I could get a little financial help every month it would be a huge blessing. btw/I live in San Diego.

Answer 1

I have never heard of someone collecting rent for a pole.

Towers, yes, poles no.

If you haven't been getting checks than either one of two things is true:

1. No rent for poles ( I have had telephone/power poles in many of my yards and never heard of receiving rent).

2. There is rent but the previous owner is collecting it and somewhere in your purchase agreement/contract it states that the former owner maintains this ownership. (or it may even go back further than that).

I doubt 2 is true or is should have turned up in the title search and checks.

Answer 2

If your surveyor marked the property line, then you should be able to point it out to the neighbors. If not, you can hire the surveyor to run the old lines and mark them. Once the neighbors see where the line is, they should act accordingly, knowing that you can sue them for trespass. Depending upon how old the survey is, the power company could have moved the pole! In my town you need a variance from the zoning board before you can build any "structure" (including a fence) within 50 feet of the property line, but many places make an exception for fences and walls. However, these problems have come up so often that there could even be an appointed "fence viewer" who will help resolve this for you.

Answer 3

In CA, poles are considered an endangered species and it is a capital offense to interfere, or look angrily at one. No monies are given for their upbringing, unlike cell towers. Disregard the imbecile who suggested suing the Realtor; even in CA that would be a real stretch explaining to a jury that you did not see the pole and the Realtor did not point it out along with the fence, the grass, the sky and, oh yeah, the house.

Answer 4

The power company paid the owner for the right to have the pole there. It is an easement contract. When you bought you agreed to all easement contracts signed by the previous owners.

Answer 5

No, you can't charge rent for a power pole. Public utilities have easements in place for power poles on private property.

Answer 6

i don't thinkyou can get rent for having a power pole on your property - imminenet domain and all.

the difference with cell towers is that they're not owned by the municipality.

Answer 7

Probably not. The pole was there long before you. Whatever agreement was worked out between the power company and the landowner at the time it was installed is not applicable to you as the current landowner.

Answer 8

I'm unsure, but i believe not. Are you absolutely positive that this pole is on your property? If not, you should check the zoning ordinacnes in your area. My uncle contemplated with putting up a cell phone tower on his property, but declined becasue it was too much work and stress-on him and his land. :-)

hope it helps!

Answer 9

I know with the poles in my neighborhood the power company has an easement to get to and use their equipment.

Answer 10

The utility company probably has an "easement" on your property. You could sue your realtor for not pointing it out to you, but I think that's about it.