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Thread: tax deed Georgia Utility Company wants an easement !

  1. #1
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    Arrow tax deed Georgia Utility Company wants an easement !

    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

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    File a claim for what?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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

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    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.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

  5. #5
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    Lightbulb Das ist in der Doktor!

    Quote Originally Posted by atlien2422 View Post
    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

  6. #6
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    Was this transfer recorded?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    Quote Originally Posted by cactus jack View Post
    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

  8. #8
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    Quote Originally Posted by Alice Dodd View Post
    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

  9. #9
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    Quote Originally Posted by drruthless View Post
    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

  10. #10
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    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.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

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