No harm. Is the conduit empty?
-----Original Message-----
From: Dev
Sent: Monday, January 18, 2021 4:09 PM
To: AnimalFarm Microwave Users Group
Subject: Re: [AFMUG] who owns conduit in private neighborhood?
The current owner bought the development from the former owner who
originally installed the conduit at the prior owner’s expense. There’s
nothing on the title that says the ILEC owns anything, just that there’s a
PUE. It is super doubtful (unprovable) the owner of the conduit ever
assigned it to the ILEC, or has an agreement that gives them access to the
private development specifically, other than a general PUE. If the conduit
is shared without interfering with the ILEC’s operation, is there harm?
On Jan 18, 2021, at 12:49 PM, Mark Radabaugh <[email protected]> wrote:
That situation is a bit of a gray area and would probably end up depending
on the specific wording in the plat map and the state you are in, so
comments are pretty general.
If it’s platted as a utility easement and you qualify as a public utility
(again, depends on your state and specific situation) then you have every
right to be in the easement. As to occupying a duct some other utility
installed? Probably not. You can add your own duct if you like but I
wouldn’t think you have any right to occupy the other utilities duct.
Answer is obviously different if the developer supplied the conduit or
there was language in a contract saying otherwise.
As usual, advice from an engineer about legal questions is worthless :-)
Ask an attorney!
Mark
On Jan 18, 2021, at 3:14 PM, Dev <[email protected]> wrote:
In a Public Utility Easement (PUE) in a private neighborhood, the
developer says he owns it, but the ILEC is acting like they do. Doubtful
ILEC can produce a document that says they do. The ILEC has a little bit
of outside plant in a large conduit, anything to stop others from pulling
fiber through that same conduit as long as they don’t interfere?
--
AF mailing list
[email protected]
http://af.afmug.com/mailman/listinfo/af_af.afmug.com
--
AF mailing list
[email protected]
http://af.afmug.com/mailman/listinfo/af_af.afmug.com
--
AF mailing list
[email protected]
http://af.afmug.com/mailman/listinfo/af_af.afmug.com
--
AF mailing list
[email protected]
http://af.afmug.com/mailman/listinfo/af_af.afmug.com
