# Can I demo neighbor's light pole on my property?



## Yikes

I have a project that is scheduled to start construction in 3 weeks.  The first thing that will happen is demolition / scraping of the entire site (we are essentially building to the property line).  It turns out the neighboring apartment building has a parking lot light pole that the surveyor says is on our side of the property line, so we need to demo it.

We've made several attempts to contact both the owner (via registered mail), and the apartment manager (in person), but to no avail.  We don't know if they're unconcerned, passive-aggressive, or both.

If we start demo as planned, we would leave live wires in a conduit in their parking lot.  Several issues:

1.  Obviously, this isn't safe for the neighbors.

2.  The demo process might not be safe for our workers either.  (There's probably some cowboy who would do it, but the insurance companies wouldn't like it!)

3.  Even if we cut the conduit exactly on the property line, there's probably some encroachement by our workers onto their property to accomplish this.

Does anyone have expereince on how to legally resolve these issues?  How can we keep our neighbor's non-legal encroachment from holding up our project, without endangering anyone?


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## Coug Dad

How long has the light post been there and does your state have adverse possession laws?


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## fatboy

Call an attorney..........


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## Yikes

California does have adverse posession laws, but the state requires the trespasser to have paid property taxes on the trespassed land.  This was not done, so there is no legal adverse posession.

My intent in this post is to figure out how to regain control without creating an unsafe condition.  fatboy, you are right, a land use attorney will be consulted.  I just wondered if anyone else has had a similar experience.

We joked about two options:

1.  disconnecting the light during the daytime and wiring the leads together so that when the parking lot light timer turns on at night, the circuit is tripped and they finally send someone out to investigate the matter. *OR*

2.  Use their light pole as a temporary power pole, and we'll get their attention when their next billing statement arrives...


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## fatboy

"2. Use their light pole as a temporary power pole, and we'll get their attention when their next billing statement arrives..."

There you go, I like that one......:devil


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## FyrBldgGuy

Place a large sign on the power pole that indicates there is copper wire available.  Within days the pole will be gone.


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## brudgers

Yikes said:
			
		

> How can we keep our neighbor's non-legal encroachment from holding up our project, without endangering anyone?


Maybe you can't.


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## JBI

fatboy's first reply is your answer... start with an attorney. I know a good one in San Diego that's done alot of construction related work...


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## pwood

ditch the attorney thought, i like #2:mrgreen:


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## Yikes

FyrBldgGuy said:
			
		

> Place a large sign on the power pole that indicates there is copper wire available.  Within days the pole will be gone.


Best suggestion yet!


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## RJJ

First send them a bill for rent of their light pole being on your side of the line. Then demo the light and send it to the scrap yard. Let them get the attorney and spend their money trying to get you to put it back. Save the cert letters and send a second both certified and regular mail. Once the light comes down someone will show up.

Now taking off the developers hat and being a responsible public servant. Follow the steps above. Take photos!


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## brudgers

backhoe driver: Oops!


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## TimNY

Well you certainly cannot create an unsafe condition.

Can you remove the light pole and place it on their property?  Then safe off the wiring in a compliant manner?

Once the pole is down they will probably contact you.


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## peach

Try contacting the adjacent property owner first (an attorney will be helpful).   Tell them your intentions to remove the light pole, since it's on your property and you want it gone/it needs to be gone.

If it's on your property and you can prove with a survey.. it's yours, not theirs..


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## chris kennedy

Its highly likely that there is more than one raceways in this pole. You could end up putting ½ the parking lot in the dark. Sounds like a trip and fall lawsuit waiting to happen. I agree with those that suggest getting a lawyer involved here before someone else gets a lawyer involved here.


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## conarb

I agree, run it by a lawyer, you might not own it by adverse possession because of not having paid taxes on it, but it's existence there for over 7 years may have developed a prescriptive easement and you have to allow it to remain, but there are several conditions to be met for a prescriptive easement much like title by adverse possession, but paying taxes isn't one of them.


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## peach

If it's within the property lines, you have the legal right to do whatever you want with it.. it's on your property.. get the lawyer involved only because the adjacent,  property is going to lose the encroaching security light..

Try to play nice.. once..


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## conarb

Peach:

Not necessarily, a prescriptive easement may exist for the light from the light-pole.


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## Yikes

There is no prescriptive easement, it was just a construction error when the neighboring apartment building was built.

My concern is if we demo the light pole and cap the wires, then

1.  We probably need to be thorough enough that we are now on the neighbor's property, without their permission.  (Yes, they are on our property without permission, but that doesn't give us the right to do the same to them.)

2.  If we do a sloppy job of it, perhaps just cutting the lines right at the property line, and some kid in their apartment building plays in their parking lot and electrocutes himself on the wires, then an enterprising lawyer is going to sue our contractor.


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## Mac

Heck - even a 'slacker' lawyer would take that case!

Tell the neighbor what you are going to do; do it; and tell them again what you have done. They can't say they weren't diven a chance to stop it!


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## lowerjon

> In many case it doesn't work out as a good investment. First you will have to pay annual property taxes. Then if the city initially paves a road that runs by your property, the land owner will usually get a special assessment to pay for his portion of the road. Then if water and/or sewage is upgraded to provide service to that area, again you will likely get hit with another special assessment to pay for the upgrade.If someone decides to use your lot as a garbage dump, the city will require that you pay for and clean up the lot. You may also be required to keep the weeds down so that a fire hazard does not exist.
> 
> Finally when someone finally wants to build on the lot, there are all kinds of hook up fees as well as zoning requirements and building permits.  -  property north carolina


If you think you can afford to buy a vacation home now is the time to do so I highly dount you will ever get better prcing than right now do to the real estate bubble burst.


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