Q: Legal mechanism to move utility pole off my property in MI?
I purchased my home in Michigan 3 years ago, and there is a utility pole 16 feet onto my property from the end of the public right-of-way. The utility company refuses to relocate the pole, citing its presence before my purchase and an old court precedent. I have contacted the Michigan attorney general's office and consulted with an attorney. There is no granted right-of-way from previous owners, and no supporting local ordinances. The utility's maintenance activities are altering my property's visibility, which affects my privacy and security. Is there any legal mechanism to compel the utility to reposition the pole to the correct location?
A: My comment may be a matter of terminology, but if there is a utility easement and the utility pole is within the easement, I do not see a remedy for you.
A: Your attorney will need to review the easement rights of the utility company further. The easement language will control. If this pole was placed there without permission and it is on your property, then you may have to file an action with the court to have it removed.
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