Published: June 20, 2008 10:09 pm            

FLASHPOINT: How can ‘easement’ wreak such havoc

On Thursday, June 5, around 8:30 p.m. someone left a packet of information on our door knob along with many of my neighbors’ doors.

This information was from a tree-cutting business telling us of their orders to do some work in our area in the near future for Duke Energy. The work wasn’t specific in the documents and a date wasn’t specified as to when this work would be getting done.

Before actually getting to read the documents the tree-cutting business was out in our neighborhood cutting down our trees in our backyard. My husband got so upset because we only have two trees in our backyard that provides us any protection from the suns ultraviolet rays. He begged them just to trim. They said they were coming down to the ground, and then he refused to let them in. They told him he had no choice and even called the sheriff out to calm my husband down and make him allow them in the yard. He didn’t allow them in the yard, yet they went behind his back and starting cutting away.

All of this because they hold what they call an “easement” over our heads — the right-of-way to trim, cut down, or remove any obstacles in their way up to 100 yards of our yard from their power lines. They don’t own the property, we do. They don’t pay the property taxes, we do. How do they have the right to come into our yard against our wishes if we own the property.

I understand they may need to do some trimming, and we don’t have any problems with that, but to take down our only two trees when they were more then 50 feet from the lines, I feel was uncalled for. Not only did they disrespect our wishes, they told us they could make us remove anything that is in our backyard that comes within the 100 foot easement they have on the property.

They totally destroyed our neighborhood. They came in like they owned it all and we couldn’t say or do anything. When this easement came into play it was when the construction of the lines were being done. There were no houses in the area at that time. It didn’t affect anyone’s backyards. If they feel they own this part of our property to the point where we have no say so, I say they should pay the property taxes and maintain the area. We, as a whole neighborhood, have kept the area clean and beautiful, up to the point of the destruction of our trees.

Not only did this company come in and cut our trees, they left a heck of a mess. We said if you are going to cut down our trees make sure you remove the stumps. They told us it wasn’t their job. They cut the trees and left piles of wood all over the neighborhood. They say they aren’t finished yet and will be back. We could lose our entire backyard to them from what they are saying.

What do we do? What are our options? What are our rights? I feel our rights have been violated! I feel this country is really going down hill if some company can come on your property without you granting them the access and destroy it. That is a violation of privacy. I pay the taxes on this piece of property. How can they tell me I can do nothing about this situation? For the seven years I have been in the neighborhood this has never happened. I didn’t even know about this easement until this happened. It is in my abstract and my paperwork but nothing was ever pointed out to us what this meant.

I talked to many in the neighborhood and they all feel their rights have been violated. One family is losing up to 50 trees in their yard. One was told they could make them remove their in-ground pool, another was told they have to move a shed and a gazebo. What do we do? How do we protect our investment and our families from something like this happening?

And to think this is America, home of the free!

— Missy Kennedy

Terre Haute

        

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