Asked in Real Estate Law for Colorado

Q: I need to create a legal document to sell a portion of the power line to my house to my neighbor. How do I do this?

I purchased the original line, designed to service 3 properties, as I was the first house in the area. A power box was installed on my neighbor's property as part of that, so no easements are required for his access.

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1 Lawyer Answer
Ashley Dean Powell
Ashley Dean Powell
  • Licensed in Colorado

A: Based on the facts above in your question, it may be difficult to get a complete answer. If you want to know that you have correctly formalized your agreement with your neighbor, then you should probably consider consulting with an attorney in your area who can review all documents related to the purchase and installation of the original line any any associated easements.

If you have set up your own self-contained power grid for which you produce the electricity and own the lines, then you may want a purchase and sale agreement for the initial installation of a new line to your neighbor as well as a services agreement that would formalize the terms of your ongoing service of providing electricity to him.

If that is not the case, and if you are on a more traditional supply of electricity from a utility, then you may not have any rights to let your neighbor tap into your line. Even if you had to pay to have the initial line run to your area, the utility would have most likely been the "owner" of the line and would reserve the right and responsibility for making any additions or changes to the line (as well as maintenance to the line). If all necessary easements across your property have already been granted to your neighbor, then he may need to negotiate directly with the power company for installation of his line. The easements you gave to your neighboring property and to the utility itself may already contain all the rights the utility needs to add lines to new properties without any additional permission from you (or payments to you).

To give you a precise answer, an attorney would likely want to review all documents in your possession as well as any of record burdening your property and your neighbor's property.

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