Yes, if they truly own the duct. Sent from my iPhone
> On Jan 18, 2021, at 5:20 PM, Dev <[email protected]> wrote: > > Some full, most empty. The current development doesn’t even want them in > there, poor service for over a decade, etc. Can he kick them out? > >> On Jan 18, 2021, at 3:26 PM, Chuck McCown via AF <[email protected]> wrote: >> >> 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 > > > -- > 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
