As I understand real estate law, such easements for utilities are
> part of the general law and not necessarily shown on someone's
> deed. There is nothing to stop the phone, power, or water company
> from digging up your front lawn to run or maintain lines, whether > you like it or not.
True, provided that the easement document has been recorded. Such easements may be recorded as part of a plat map, a survey map, or a separate document.
Individual property deeds often include some catchall phrase like "subject of easements of record"; however, recorded easements still apply even if individual deeds don't mention them.
The law is fuzzier when it comes to newer services such as cable > and fiber optic.
Franchised cable TV operators have a federal right to utilize easements recorded "for compatible uses." 47 U.S.C. 541(a)(2). The term "compatible uses" is usually construed to mean easements dedicated for electric power and/or telephone facilities.
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In most states, telcos offering cable TV-like video services must obtain local CATV franchises; thus, they have the same federal right to use easements. In Texas, SBC now has a statewide CATV franchise, which presumably grants it the same right; however, there will undoubtedly be much litigation before it's settled.
They [cable TV operators] don't have quite the same "common
> carrier" status as the old line utility service.
Cable TV operators are indeed not common carriers, but that doesn't mean they don't have a legal right to use recorded easements. See my previous post on this subject at
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.
Even established carriers have to handle things differently for new
> services. For example, when Verizon strung fiber through our area
> for its FIOS service, they needed municipal permission ...
i.e., a cable TV franchise.
... and they did not provide it universally.
If Verizon obtained a franchise that does not impose the same requirements on Verizon that it imposes on the incumbent cable TV franchisee, you can expect some litigation.
SBC's statewide franchise in Texas contains a similar exemption, and Time Warner has already field suit.
Neal McLain