Dillon, CO asked in Land Use & Zoning and Real Estate Law for Colorado

Q: Does a utility company need an easement for a utility pole anchor wire that prevents access to my carport?

I have an alley-accessed garage and carport. There is a utility pole on the property line between me and my neighbor. Two guide wire/cables are anchored about 10 feet from the pole, in the direction of my property, at roughly a 30-40 degree angle, to the pole. As a result, the cables prevent access to my carport by a vehicle. The anchors might be physically located in the alley right of way (I haven't had it surveyed yet), but they prevent access to my carport since it runs in front of the carport entrance. The carport was constructed after the pole/cables were installed. There is no record of an easement, if one were needed for this. One utility company said it would cost me $2600 for them to relocate the anchor wire, and I still am waiting to hear from the second utility about theirs. Can a utility company install anchor wires that inhibit access to my property with no easement or agreement?

1 Lawyer Answer
Donald C Eby
Donald C Eby
  • Real Estate Law Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.

If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action and likelihood of success.

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