when does Bell have an "easement" to install and service underground cable

[snowblower]

Can anyone describe the legalities of when Bell is considered to have an "easement" to install a buried fibre cable?

I'm asking because a Bell contractor came to my property to install fibre cable to replace a temporary cable and was of the opinion that Bell had and "easement" and the contractor didn't need the permission of my neighbors to bury a cable in their back yards. Note that the original neighborhood underground fibre installation is in front of the houses near the street, where one would expect it - not in anyone's backyard. The whole thing was very suspect, and ultimately the contractor left without installing the permanent cable. I would like to understand this better before they return for their next attempt to resolve the temporary cable issue.

Thanks

[dks · Accepted solution]

An interesting legal question. It isn't unusual for Bell and other utilities to have easements on private properties. These are usually (but not always) registered on title and can include utilities such as hydro, water, gas and drainage. One indication there is a possible easement is if copper phone lines are buried on the property. If an easement exists, a utility contractor does have the right to enter your property. They also restore it to the previous condition. Your municipal office might have a record of easements. 

[snowblower]

Thanks for the reply. That matches my layman understanding.  There is no existing Bell fiber infrasture in anyone's back yard, that's for sure. It's definitely all in front. There may or may not be legacy copper telephone wires in back yards, I don't now, but I find it unlikely since the neighborhood Bell utility boxes are in front near the side walk, the service entrance on all the houses are also in front, and the neighbor hood is only 20 years old so there was clear and easy access to install the legacy copper undergroud in front when the neighbor hood homes were first built. Servicing the legacy copper wasn't the point of the contractor visit anyways.

Does an "easement" for servicing the old copper lines extend to installation of new fiber optic lines? I would be surprised if it does, but then, I didn't know what an "easement" was until last Friday. What ever the case, easement or not, my neighbors booted the contractor (which I support them in doing) and there's no way a contractor is getting back into their yard without creating a conflict.

[dks]

Sounds like an interesting situation. My understanding is an easement is an easement. It never expires except by mutual agreement. Easements are also nuanced. I understand property law in each province is different. I'm not a lawyer, either, but figuring out this stuff is why lawyers exist.  

[snowblower]

Conclusion: the cable in question was removed. Never should have been installed. There was no "easement" and the neigbors never granted permission. Gong show central.

p.s. it turned out the problem with my original cable was simply that it was mislabelled and never connected at Bell's neighbood utility box. Seven months of a temporary cable lying in people's back yards. Eight trips to my house by Bell technicians and contractors, numerous support calls, forum submissions, one illegal cable installation, three frustrated neighbors, one 150 foot strip of grass that has to rejuvinate itself in three of my neighbors' back yards, one length of cable left permanently under one neighbor's patio bricks that the installers never had permission to move to begin with, and finally it's resolved.

[saraclark]

Bell appears to have a large pole for internet (and possibly other wires) on my property. From what I've read, Bell must have an easement in order for this to be allowed. I have done a search through the Ontario Land Registry, and no there is no record of such easement. Who I can speak with at Bell in order to pursue this further?

[dks]

With all respect, I suggest you first speak to a lawyer about this matter. Property law can be complex, as can easements. Unless you are a paralegal yourself. 

[KristinB]

We are planning a subdivision of our property.Bell currently has an easement on our property and require a contact to discuss and grant the easement.

Is there a direct  contact?

[BellNick]

Hi there @KristinB @saraclark 
We've sent you a private message requesting some more information.
Please check your Messages within your profile avatar in the top right corner.
Unsure how to check or send a private message? See How to send a private message

[j_c]

I need to discuss an existing easement agreement that Bell has on our property, but I can't find an email address or phone number. Unfortunately, the telephone support team also was not able to find this.

Note: this is not about having a locate done.

Does someone know who I could contact for this?

Thanks!

[dks]

Easements are a legal matter and not in the scope of this user to user forum. Perhaps the Bell moderators will contact you. 

[BellPatricia]

Hi @j_c

Welcome to the Bell Community.

We'd like to check into this request for you and I have reached out via private message. Please check your Messages within your profile avatar in the top right corner.

Unsure how to check or send a private message? See How to send a private message

@BellPatricia 

[Gracie1094]

I need to get a written commitment from Bell showing that our cottage property has zero easements in order to purchase the shoreline and construct a driveway over crown land.  Which department handles this?  I called 310-BELL but it was not of any help. 

[dks]

Thank you for your question. This question of easements in a property purchase is normally dealt with by your lawyer as part of the title search. Let your lawyer deal with the issue. 

[WelshTerrier]

Good Day.

Legal issues such as this are not available on the Bell Community Forum. If you are looking to purchase the shoreline and construct a driveway over crown property, it is best that you leave this type of search in the hands of a professional. e.g. Lawyer, Surveyor, municipality, etc.

For example, every property in Ontario has a Parcel Register. The Parcel Register contains a Property Description (also known as a brief legal description). If a property has one or more easements registered on title, it usually appears in the Property Description. If you live in Ontario, you can contact your local land registry to obtain this information. Homepage - Ontario Land Registry Access

Do you have a copy of your survey? Any easements on your property should be reflected on this document as well.

Take care.