Alabama Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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FAQ
The state of Alabama has a law that says you can't ?land lock? your neighbor.
An easement is defined as ?a legal interest in real property that grants the right to use in some specified manner the property of another.? Easements, also called rights of way, give Alabama Power Company the right to use another landowner's property to construct, operate, and maintain transmission facilities such as ...
Electric Utility Companies Trim and Remove Trees Near High Voltage Power Lines for Public Safety, Fire Prevention, and Electric Reliability. To prevent injury to people climbing or working in or around trees adjacent to power lines.
We trim or cut trees only where we have a legal right to do so and only where we believe it is necessary.
U.S. laws do not always make sense and nor are they always fair. Case in point: prescriptive easements. Easement by prescription, or adverse possession, refers to the legal concept that allows one to obtain ownership of a property despite the fact that another person or entity may already own it.
This easement is typically granted by property owners to an electric utility for constructing, operating and maintaining power lines and other equipment. Before a power line is built, we acquire easements from property owners along the selected route as necessary.
Power lines can spark nearby tree limbs, causing the tree to go up in flames. Live trees (or wet dead trees) conduct electricity well and can carry large electrical currents that can cause injury or death to anyone nearby. That said, do not attempt to prune a tree touching power lines.
It depends on whether you can prove that your neighbor was negligent. To prove negligence in this context, you would have to prove that they knew or should have known that the tree was dying and likely to fall.