Survey Request or Survey Call
I have been contacted by a utility company about surveying my property. What are their intentions?
In many cases, the first time you hear about the power company’s interest in your land is a simple phone call. They call to ask permission to measure your land and perform a utility survey or an easement survey. At the time of the call, the route the utility company wants to use is pretty much decided. There can be minor changes, but in general the route has been researched from a historical, environmental, legal, and real estate standpoint. If you have been contacted by a power company to agree to a right of way survey request, more than likely you will be negotiating for a utility easement in the near future. In essence, the power company has planned a route for their power lines to cross your property, and they want to survey your land to make sure it is appropriate and legally finalize their plans.
Should I agree to let the power company do an easement survey my land?
Only after careful review of the right of way survey permit or survey agreement should you grant permission. Our staff has reviewed many documents like these and knows how to make sure your rights are being respected. How you act in these first stages lets the power company know where you stand regarding your property rights. A healthy skepticism is the key to these easement negotiations, but there is no reason to be unnecessarily hostile in these beginning stages, either. The best approach is to be informed about the process. For example - depending on how the property is used, it may benefit you to ask the power company to agree to an "entry and testing agreement" which would protect you in case the power company damaged your land while taking the survey.
What if I say no to the power company?
Even if you refuse the power company’s request to physically enter your property, they will try to survey without direct access to the land. They use legal descriptions from deeds, tax maps, and aerial surveys. If they absolutely need to gain access to the property, they have been known to force their way in legally by a process known as "condemning for survey".
What happens after the power company conducts the easement or right of way survey?
After the right of way survey is completed, the power company will know for certain whether or not your property is suitable for their purposes and will start negotiations for an easement on your property. If an agreement cannot be reached, the municipality or other authority has the right to condemn the property under eminent domain. Please see our other articles in the Right of Way section below for more information on this process.
In any case, it pays to be informed of the processes of survey, negotiation, and condemnation. We can help you decide which rights are negotiable and which are not. We also can help determine just compensation of an easement. Remember - the earlier we are involved, the better negotiating position you give yourself. Give us a call so we can help.