I don't want to get too deep in the weeds with details, so I'll try to be brief here.

Yesterday some installation company working for Comcast decided to dig a big f***in hole in our front yard in order to run some new fiber optic cable. We were not notified of this at all, despite state laws requiring strict notification requirements. Also, although there is a utility easement that runs along our property line (this is a small residential tract in Houston) they are nowhere near the easement.

I talked to the workers, but none of them seem to know jack squat about anything. I asked if they have any kind of permits they can show me - shrugs.

These guys have torn up my yard with excavator tracks, cut through a bunch of tree roots of a large post oak in my yard, and all they tell me is that they'll fill in the hole and put new grass down. Of course, this is just a wonderful time of year to put down sod.

I've already reached out to Comcast to make some threats, and I'm waiting to hear back from their legal response team right now. Any ideas on how to approach this? As of right now, it seems like my best leverage is that I would seem to be within my rights to dig up their cable and cut the damn thing if I want to.

IN

I have the same thing happening with Suddenlink (less extreme damage though). I was told due to easements there isn't anything to be done. If they were doing more damage I would probably be more concerned.

If the oak tree is damaged beyond repair, sue their ass for damages after hiring an arborist to determine how much it was worth.

A sub for at&t bored through a wastewater line my organization owns, realized it, backed out and went around it. We figured it out when we found rocks in our line. We paid over $10k for the repair, and they politely told us to pound sand. We elected not to sue....thought it would cost more than it was worth. Good luck to you! I wouldn't cut their line until I spoke to an attorney.

dtkprowler said:

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I have the same thing happening with Suddenlink (less extreme damage though). I was told due to easements there isn't anything to be done. If they were doing more damage I would probably be more concerned.

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Even with them breaking the law regarding the notification requirement, I think the fact that they're not in the easement gives me some leverage here. I agree that suing would be a pain in the ass, but if I can jack with their fiber line legally, then I may be able to force them to compensate me for a new easement.

I'm not sure how much to ask for the easement, though, not to mention damages.

Take lots of pictures from every angle and at every opportunity. Document everything.

normaleagle05 said:

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Take lots of pictures from every angle and at every opportunity. Document everything.

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Already done. Even included tape measures showing how far they are from the property line.

Stasco said:

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dtkprowler said:

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I have the same thing happening with Suddenlink (less extreme damage though). I was told due to easements there isn't anything to be done. If they were doing more damage I would probably be more concerned.

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Even with them breaking the law regarding the notification requirement, I think the fact that they're not in the easement gives me some leverage here. I agree that suing would be a pain in the ass, but if I can jack with their fiber line legally, then I may be able to force them to compensate me for a new easement.

I'm not sure how much to ask for the easement, though, not to mention damages.

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While I'm no lawyer, I would be inclined to think messing with their line, even if out of the easement, could likely be construed as vandalism on your part. I personally would start by getting a record of the easement they are using, and then get a surveyor to prove they are out of their easement. You should try to get a full copy of the easement too and make sure they aren't entitled to any temporary easements while working outside of the permanent one. At that point, I would guess you can call HPD or more likely the sheriffs department since they are trespassing.

Short version though, damaging their equipment will likely end up ruining any case you have over them rather than giving you leverage.

Crews that dig up/install cable lines = tow truck drivers.

I swear. Cut from the same cloth.

Just to clarify on my current plans:

I do not intend to dig up their cable and eff with it right now.

I do intend to make a lot of demands from Comcast that they rectify the situation. If they tell me to pound sand, then I plan to get as much documentation as I can on the existing easements, as well as my legal rights as the property owner. Assuming I'm right, and they're trespassing, then I will threaten to dig up and "remove" the fiber optic cable. Hopefully that gets their attention. If that's still not enough, well then I'll get some good exercise digging.

Watchlisted this bad boy

Assuming Comcast owns the easement or it's a PUE, they must remain in their easement, including any construction activities. They need to acquire a temp/construction easement if they go one inch outside their easement for install. If they are installing the new facility one inch outside the current easement, they owe you compensation for a new perm easement, or relocate back to their easement and compensate you for a temp easement.

I would not let them install outside of their easement or allow them to acquire a new easement. You are limited to what you can do to your property in an utility easement.

If you know for a fact that they are outside of their easement, I'd call the sheriff and hire a real estate lawyer.

Step 1. Point your spotlights at their fence, err equipment ...

Nevermind.

Also, just because there is an easement nearby doesn't necessarily mean they have access to it. I would start by going to the land records office and researching all the easements on and near your land, and exactly who has access to them and for what, so you know for sure what the lay of the land looks like before you start a fight with them over it.

If you decide to mess with the fiber, don't cut it. Instead drill random holes in it and then fill them with dabs of mud. They'll have hell dealing with it.

So disappointed In the OB.......


Post pics on the contractor's wife's cans

If you do nothing and they are in fact out of the easement then you will be granting them a new easement by doing nothing and not enforcing it.

Post Oaks are very sensitive to root disturbance, campaction, and cutting. I would watch it very close next growing season and send them a note that you're reserving the right to claim damages for up to 3 years.

Don't listen to these *******. Cut that line right now

I believe you get 7-8 years in Texas before it's granted to them, but I'm not 100% sure.

Picard said:

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If you decide to mess with the fiber, don't cut it. Instead drill random holes in it and then fill them with dabs of mud. They'll have hell dealing with it.

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This kind of advice right here......

This is EXACTLY why I came to the OB.

Splice into their cable

Enjoy free cable for life

Profit

Same thing happened to several people in our neighborhood from AT&T. The HOA was no help, and AT&T was giving everyone the runaround and making claims that everything would be put back as it was, but their contractor didn't seem to get that message or have very high standards for the work to put things back the way they found them. So, the only thing that got their attention was calling the Police. Once the Police were involved and the City was forced to intervene, AT&T and their contractor became better guests in our neighborhood. Good luck with it.

Not an arborist, but I would think the tree is dormant now, so that's a good thing. Maybe that helps its survival chances.

Call the police? Just because they say they can be there doesn't mean they can. Call the police like they're any other trespasser. They'll have to prove they belong there.

If they're outside their easement on your property, they're probably outside their easement with your neighbors as well. Try and get your neighbors involved with any lawsuit, will add credibility to your complaint.

If they're 100% outside their easement and can't provide any documentation, shouldn't your first call be to the police?

Almost all installs are done by contractors and they take the hit if they install out of the easement or do property damage. They have to be bonded and insured and they assume broad liability when placing, and a lot of them can be rather careless or reckless when it gets down to the crew level regarding fine details. It is often cheaper for them to cut and the repair or damage and replace things than be careful in the first place, or often they simply don't care and count on being gone before anyone notices damage, then playing dumb.
It's frustrating to the companies that hire them because they know who gets the blame, but the work goes to the lowest bidder that meets certifications.
We have to deal with other contractors damaging our infrastructure all the time, or having to demand contractors go out and properly repair and restore damage they have done per contract requirements.

There's a utility in town that was installed fiber for 5G infrastructure without acquiring easements first, then trying to dump the liability on their sub who followed their plans.

Subs make mistakes for sure, but it's not always their fault.

On a related subject, CenterPoint and their tree cutting crews have no respect for the limits of aerial easements in my experience.

Very high likelihood of the tree dying if it's a post oak. Even driving heavy equipment in the root zone can kill those trees. They also can't be transplanted, so you will have to replace it with a different species. I'm sorry for what will probably be a big tree loss. Good luck.

Where are the pics? Your property line could be 10' from the street with a 10' easement inside of your property line meaning there is 20' of property that you do not have much control over.

This was my first thought. I deal with this all the time in lot development. We'll get a call from a fired up homeowner "who is going to sue the **** out of everyone" for illegally trespassing and tearing up their yard. I usually have to explain (i). I'm on the developer, I don't actually dig in people's yard (ii) if someone is digging in your yard they likely have the right to...even bad utility contractors know the laws (iii) If they are working between the curb and sidewalk, that's NOT your yard, that's the public ROW, and lastly (iv) if they are in your yard, there is likely an easement. It might appear on the plat, it might be by separate instrument, it might even be an old blanket easement to an old entity that the current company can properly trace its origins. Lastly, we are now having to create use easements in CCRs for things like wall maintenance or cluster boxes.

Pics help. You might have a bad dude dead to rights, but likely you don't. It's part of life. Everyone has certain rights.

Trying to post a couple of pictures, but I don't do this very often, so here goes...

https://ibb.co/gD5dmg2

https://ibb.co/HCmhWH5

I converted the pics to the url, because that seems to be working better. It's just some free photo hosting site. In any case, the first picture is of the hole in my yard. In the pic it looks fairly close to the street, but taking the tape measure, it comes 14' back from the curb. Even the contractors who dug the hole told me there's a public ROW 5' from the curb, and tried to claim that since the hole starts less than 5' from the curb, then it's fine. Not sure about that logic.

As for the property line running from the curb toward the back end of the plot, that lies a little less than 10' from the near side of the hole, and 14' from the far end. The yellow tape measure in the second shot is lying on the property line. There's a second hole there on the left that is just across into the neighbor's plot. My plot survey from when I bought the house shows a utility easement extending 5' from the property line, and then an aerial easement extending another 5' from that. This hole is outside both.

The oak tree is directly behind me in both pictures (I didn't really want to post shots of the house online) but it's about 2 to 3 feet in diameter. Very large for a residential area.

I'm hoping to get some more detailed records of the property and any easements on it from the county either tomorrow or Wednesday. Still waiting to hear back from the Comcast legal team to hear what they have to say. If someone can show me that they are, in fact, completely within the easement, then I'll still be pretty pissed about the total lack of any kind of notification, but I suppose there won't be much I can realistically do about it.

But if I'm right, and they're outside of any legitimate easement, I'm going after those mofos.

From the pics, it does not appear to be out of the ordinary. There may be an easement between property lines also. Across the street I see a power pole and it looks like a pole inside of the new fence.