Denver, CO asked in Land Use & Zoning for Colorado

Q: Can a utility company put anchor cables in a right of way that partially impedes access to my property.

This is a follow up to a previous question, with better clarification. Two utility companies share a utility pole that is on the property line between me and my neighbors. The pole is not a problem. However, there are three cables, or guy wires / anchor wires, that stretch from near the top of the pole, to the ground, at about a 45 degree angle. These cables impede about 10 feet of alley access to the back part of my property, preventing me, for example, from parking a car in that area.

Is this allowed? Century Link (one of the utility companies) claims that since the cables are in the right of way, it's my responsibilty to pay for any relocation of the cables. But, the cables prevent access to my property, so that doesn't strike me as right, that a utility can install something that impedes a property owner's access to their property, without some type of agreeemnt. There is no easement I can find tied to the property, and the utility company has not provided any documentation.

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

A: If there is no easement you should have an attorney send a demand letter to Century Link. This will ultimately force CenturyLink to prove it has a right or move the cables at its expense.

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