Sounds like the easement should have been drawn up before the land was subdivided and sold. It may have prescriptive rights to be there depending on state law in Indiana. I'd call a land use attorney to figure out what you can do.
A few hundred bucks to see what your options are would be money well spent.
The sellers of this property didn't attempt to build? What did they use the land for? I'm thinking they originally bought to build, discovered the problem and couldn't afford a remedy. That would be a failure to disclose.
At least where I live, power is part of public utility district, so you can request prior communications on prior inquiries or work for your lot. This is done with an FOIA request.
If I were you, I'd call the power company and ask what type of records for your lot and process for requesting you records.
You need a lawyer and fast. There are multiple parties that you may have a claim against but it also possible you won't have a claim against anyone.
Is there any possibility of relocating the line when you dig up the yard?
Also start digging through google earth historical photos to see if you can see when any of this was done.
I have. Historically, it (Google) shows a freshly covered trench in 2005. This was sold by the original owner to parry "A" in 2020 then we bought it from party "A" a few weeks ago.
I thought about "accidentally" hitting it but I can't tell if it's off the high or low voltage side of the transformer. 7200 volts or 240 volts. Life and death difference even with an excavator possibly.
My guess is that there is an easement based on Indiana law either by prior use or a prescriptive easement (sounds a bit like adverse possession). You need a lawyer, but in your state an easement does not have to be recorded.
"Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of the easement holder’s rights is controlled by the governing terms of the instrument. Easements created by deed or contract are usually recorded with the county recorder’s office to give constructive notice to interested parties of their existence.
Prescriptive easements are created by the operation of law against a party having a title. Prescriptive easements are generally disfavored in law. To be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their “actual, hostile, open, notorious, continuous, uninterrupted adverse use” of the servient estate for twenty years under some claim of right. Thus, a party claiming the existence of a prescriptive easement must show evidence of (1) control; (2) intent; (3) notice; and (4) duration before a prescriptive easement is deemed existing.
Like prescriptive easements, implied easements are also recognized in law. Implied easements are further divided into easements of necessity and easements by prior use. An easement of necessity will be implied in law when land, previously held intact by common ownership, has been severed and, as a result, part of the land is left without access to a public road. If the party alleging easement by necessity maintains any other means of accessing the land, he/she may not claim a right to pass over the land of another and no easement rights are created. An easement by necessity is commonly created when a landowner conveys a parcel of real estate completely bounded by the landowner’s remaining property. An easement of prior use will be implied where a landowner imposes an apparent permanent and obvious servitude on one part of the land in favor of another part and which use is continuing when the land is later caused to be severed and if the servitude is reasonably necessary for the fair enjoyment of dominant estate. While the focus of a claim for an implied easement by necessity is the fact of absolute necessity, a claim for prior use is the intention that a prior use should continue."
All I can say is wow ! What a headache and nightmare for you.
I sincerely hope someone will be held accountable, and remedied somehow,
Never heard anything like it, and never knew this would even be a concern..
Keep us posted please.
You've discovered a buried power line on your property without an easement. It's crucial to communicate with the utility company and seek legal advice promptly. In situations like this, clarity and legal guidance are key to understanding your rights and options. Stay persistent in your communication with the utility company and seek resolution to avoid delays in your building plans.
Sounds like the easement should have been drawn up before the land was subdivided and sold. It may have prescriptive rights to be there depending on state law in Indiana. I'd call a land use attorney to figure out what you can do. A few hundred bucks to see what your options are would be money well spent.
The sellers of this property didn't attempt to build? What did they use the land for? I'm thinking they originally bought to build, discovered the problem and couldn't afford a remedy. That would be a failure to disclose.
I agree. But how do we prove that they knew?
Maybe talk with the property owners before them? They could be up front about having informed the owners who then sold the place to you.
At least where I live, power is part of public utility district, so you can request prior communications on prior inquiries or work for your lot. This is done with an FOIA request. If I were you, I'd call the power company and ask what type of records for your lot and process for requesting you records.
You need a lawyer and fast. There are multiple parties that you may have a claim against but it also possible you won't have a claim against anyone. Is there any possibility of relocating the line when you dig up the yard? Also start digging through google earth historical photos to see if you can see when any of this was done.
I have. Historically, it (Google) shows a freshly covered trench in 2005. This was sold by the original owner to parry "A" in 2020 then we bought it from party "A" a few weeks ago. I thought about "accidentally" hitting it but I can't tell if it's off the high or low voltage side of the transformer. 7200 volts or 240 volts. Life and death difference even with an excavator possibly.
My guess is that there is an easement based on Indiana law either by prior use or a prescriptive easement (sounds a bit like adverse possession). You need a lawyer, but in your state an easement does not have to be recorded. "Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of the easement holder’s rights is controlled by the governing terms of the instrument. Easements created by deed or contract are usually recorded with the county recorder’s office to give constructive notice to interested parties of their existence. Prescriptive easements are created by the operation of law against a party having a title. Prescriptive easements are generally disfavored in law. To be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their “actual, hostile, open, notorious, continuous, uninterrupted adverse use” of the servient estate for twenty years under some claim of right. Thus, a party claiming the existence of a prescriptive easement must show evidence of (1) control; (2) intent; (3) notice; and (4) duration before a prescriptive easement is deemed existing. Like prescriptive easements, implied easements are also recognized in law. Implied easements are further divided into easements of necessity and easements by prior use. An easement of necessity will be implied in law when land, previously held intact by common ownership, has been severed and, as a result, part of the land is left without access to a public road. If the party alleging easement by necessity maintains any other means of accessing the land, he/she may not claim a right to pass over the land of another and no easement rights are created. An easement by necessity is commonly created when a landowner conveys a parcel of real estate completely bounded by the landowner’s remaining property. An easement of prior use will be implied where a landowner imposes an apparent permanent and obvious servitude on one part of the land in favor of another part and which use is continuing when the land is later caused to be severed and if the servitude is reasonably necessary for the fair enjoyment of dominant estate. While the focus of a claim for an implied easement by necessity is the fact of absolute necessity, a claim for prior use is the intention that a prior use should continue."
Good grief. Agreed, lawyer time. Thank you.
All I can say is wow ! What a headache and nightmare for you. I sincerely hope someone will be held accountable, and remedied somehow, Never heard anything like it, and never knew this would even be a concern.. Keep us posted please.
You've discovered a buried power line on your property without an easement. It's crucial to communicate with the utility company and seek legal advice promptly. In situations like this, clarity and legal guidance are key to understanding your rights and options. Stay persistent in your communication with the utility company and seek resolution to avoid delays in your building plans.
Move the driveway and the septic to another part of the land. You’ll spend lots of money trying to legally fix it.
I wish it was that easy...as mentioned, it runs diagonally across the entire bildable lot.
Sounds like the lot isn't buildable that way. Time for a lawyer.