In article ws.com, "Phil
Kane" writes:

On 29 Jan 2005 03:09:22 GMT, N2EY wrote:

Kinda like the person who objected to the installation of the cable TV coax
on
the poles at the front of his property. His objection was that the cable
carried stuff like the "Playboy Channel". Never mind that he wasn't a cable
subscriber, and that the pole line easements predated his ownership of the
property - he didn't want his property used to distribute such programs in
any
way!

Too bad if either the deed granted a utility easement (which most deeds
have) or a default easement (equivalent to "squatter's rights") was
created by the utility occupying that area.

Utility easement from wayback.

As long as the dominent tenement (the easement-holder) is doing what
the easement describes or some other lawful act in furtherance of
same, the servient tenement (the easement-granter) is SOL.

We had a classic case of this in my old neighborhood, atop RadioTelegraph Hill.

Water company bought up several lots on one street and built an above ground
water tank on two of them. Kept the other two lots for expansion if a second
tank was ever needed. Fenced the front of the property but not the back.

Property owners who backed up to the vacant water company area were allowed to
use the ground but not put up anything permanent. They kept the grass cut and
the weeds down, and there was no vandalism.

But after 20 years the water co. had to build a fence and kick the neighbors
off, even though they offered to sign legal papers disavowing any claim to the
land or right of access to it. Water co. was afraid of establishing a precedent
and a default easement, which in PA happens if you allow something for 21
years. Also liability, which was becoming more of an issue in those days (early
1970s).

Do not confuse those tenements with a similar-named type of housing
in which I grew up.

Of course you can guess how much legal water that objection held...

Yup...

OK, how about this one - actually had this discussion with a lawyer back in the
old analog-cordless-phone days(!):

Drug dealer operates out of a house unsuspected by neighbors because the
operation is so well concealed. But the dealer makes a mistake and gets one of
those first-generation no-security cordless phones