Electric company tree removal: A property owner's rights
Herb Beattie (herb.beattie AT sbcglobal.net) sent along a summary of Tuesday night's meeting about the rights property owners have when AEP/PSO (our local electric company) comes onto the property to cut back or remove trees:
THINGS HOMEOWNERS SHOULD KNOW WHEN AEP/PSO ENTERS YOUR YARD:
- The homeowner owns land within easement, subject to utilities’ rights to use the easement for the delivery of services.
- Within an easement, AEP/PSO has an obligation to act reasonably.
- Within an easement, owner and AEP/PSO have an obligation to accommodate each other.
- AEP/PSO have a right to access an easement to trim trees by traveling across owners land to get to the easement, but they shouldn’t injure your property when the cross or when they are working.
- Outside the easement, the homeowner owns the land completely, and has a right to reasonably eject trespassers (including AEP/PSO). The homeowner has a right to be free from encroachment on her lands.
- AEP/PSO’s representatives will tell you they can cut out to 15 or 20 feet or more from the power lines.
- AEP/PSO does not have a property right that allows them to cut beyond their easement - most residential easements in Tulsa are 7.5 feet on a single property.
WHAT CAN YOU DO?
- Know where your easement is and how big it is.
- Take photos before, during and after the cutting.
- When you get a card indicating that AEP/PSO will cut your trees talk to the AEP/PSO forester about where your easement is and where your trees are.
- Demand to be on site when the tree trimming is done. You have a right to be there.
- Be firm – don’t let them cut outside the easement just because they want to.
- If AEP/PSO persists, inform them you will call the police and press charges for criminal trespass.
- If AEP/PSO still encroaches over your objections, do call the police, and call your lawyer.
WHAT ABOUT THE LOGS THAT LITTER MY YARD?
- Ask AEP/PSO to clean up the litter they create.
- If they don’t clean up, call your lawyer.
Thanks, Herb, for passing along the information.
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I received an email from a distraught homeowner who recently had their trees butchered by AEP/PSO's tree trimming contractor Asplundh. In addition to the thumbnail picture, which is clickable for a larger image, explore the photo directory to see a... Read More