tax deed Georgia Utility Company wants an easement !

[atlien2422]

Hi I purchased a tax deed after which the previous owner, without redeeming his interest in the commercial property (in georgia they have a year +45 days to redeem), quitclaimed a substantial easement to the local power company.

After all of this I foreclosed on both of their rights of redemption.

Do I have a case against the utility company,as they have already installed the power poles?




as a side note- the easement survey filed on record has both the previous owners name and mine

[Alice Dodd]

File a claim for what?

[atlien2422]

encroachment/trespass/ejectment etc They installed the telephone transmission poles on my property without a valid easement

[cactus jack]

I don't think there is enough information here for us to help you.
Dates, times, who did what when and where, that kind of stuff.
Don't use real names or business names as this is a public forum.

[drruthless]

Hi I purchased a tax deed after which the previous owner, without redeeming his interest in the commercial property (in georgia they have a year +45 days to redeem), quitclaimed a substantial easement to the local power company.

After all of this I foreclosed on both of their rights of redemption.

Do I have a case against the utility company,as they have already installed the power poles?




as a side note- the easement survey filed on record has both the previous owners name and mine

You might,
I've had a little experience with securing easement rights for a utility
After all is said and done, they could throw the old right of eminent domain at you
and the fact that the line is already built doesn't help

The time to squawk would have been before or at the beginning of construction.
I promice you, this could turn into a long and drawn out fight and cost you some big Attorney bucks to get the line moved or removed.
You could see if they would be open to some kind of a lease agreement and make a few bucks.
Assuming they didn't build the line in the middle of your back yard.
As a rule,
once it's there, it stays there.
You might want to consult with an attorney on this one, if you haven't already.
Good Luck.
.._______________
~ Free advice is like a public defender,
…you get what you pay for. ~ drr

[Alice Dodd]

Was this transfer recorded?

[atlien2422]

I don't think there is enough information here for us to help you.
Dates, times, who did what when and where, that kind of stuff.
Don't use real names or business names as this is a public forum.

The tax deed was recorded 02/09 and the subsequent easement was recorded 10/09. Previous owner basically sold an easement to the property even though he never redeemed his interest.

Utility company performed on the easement approx 11/09

Rights of Redemption (last day to redeem) were foreclosed in april 2010
notice sent to utility company and previous owner

-thanks for your replies

[atlien2422]

Was this transfer recorded?

yes it was prior to all events.

utility company filed a survey with the easement. Survey contains my name and previous owner

[atlien2422]

You might,
I've had a little experience with securing easement rights for a utility
After all is said and done, they could throw the old right of eminent domain at you
and the fact that the line is already built doesn't help

The time to squawk would have been before or at the beginning of construction.
I promice you, this could turn into a long and drawn out fight and cost you some big Attorney bucks to get the line moved or removed.
You could see if they would be open to some kind of a lease agreement and make a few bucks.
Assuming they didn't build the line in the middle of your back yard.
As a rule,
once it's there, it stays there.
You might want to consult with an attorney on this one, if you haven't already.
Good Luck.
.._______________
~ Free advice is like a public defender,
…you get what you pay for. ~ drr

its preventing us from going up with the building

[cactus jack]

From what you say I'm inclined to think they have that right to use the easement. The best thing to do in this case, I think, is contact an attorney that specializes in real estate law and see what they say.