Reader Kyle, like so many of us, would rather Comcast not dig up his property without asking, especially when they are a) running cable for his neighbor b) mysteriously avoiding an area near the curb where they could have run the cable without disturbing his yard. To add insult to (landscaping) injury, when he asked the Comcast workers to stop digging they refused, and when he called Comcast to ask them to tell the workers to stop, they also refused, then hung up on him.
Kyle says:
I’m in the basement playing video games and my wife calls down to me, telling me that there are two guys digging in our front yard. I run up stairs to check it out, and they tell me that they’re running cable to my neighbor’s house. I would have no problem with this, except that they were running the line through my yard, and not through the other patch of grass near the curb where they should have been running it. I spoke to one of them and asked why they didn’t ask me if they could dig on my property, and he gave me some noise about needing to run it over here because of the line signal. I told him to stop digging for a few minutes while I spoke with someone at Comcast.
I call the local number, navigate the tree and finally get in touch with a human being. For the first time in probably 3 years, I did not confirm the woman’s name before continuing. I explained the situation and she tells me that she can’t do anything about it. I ask to be put in touch with someone who can do something about it. She asks me for either my phone number or my account number, both of which I decline to provide. She continues saying that she’s trying to help me, I inform her that she does not need my phone number to transfer me to someone who can help me. She asks if I’m a Comcast customer, I say yes, but also tell her that it doesn’t matter; if I was a Dish customer, they still wouldn’t be able to dig in my yard.
At this point she starts trying to talk over me, and I raise my voice to drown her attempts to talk over me. Then she hangs up on me. I’m researching DirecTV and Dish as we speak.
We asked Comcast for their official lawn digging policy, but our email went unanswered at the time of this post. Kyle says that the Comcast workers did a good job covering up where they were digging, but he’s “just irritated that two Comcast techs took it upon themselves to start digging on private property when there is an area near the curb that they could have used that isn’t my property.” He also adds: “The real test will come in next several days, seeing if any of that grass ends up dying.”
Since we don’t know Comcast’s official policy about digging up your lawn, we’ll just refer our readers to their official coffee making policy. It is totally irrelevant, but quite comprehensive.
Kyle sends an update:
Comcast has an easement on the property on the other side of the sidewalk, a strip of grass roughly 3 feet wide directly next to the curb. This same strip of grass is where the box is located, in front of my other neighbor’s house.
Had they used this area (and this area only) I would have had no problem. Instead, they also used a part of my yard, which is not fenced. There is no easement on my property, aside from that “communal” strip of grass.
Comcast has written us back and will be investigating the issue further, but in the meantime, Frank, Comcast’s Twitter-jockey, says:
“The rules and policies regarding utility easements vary by municipality guidelines. It is always our goal to do any type of digging in the least intrusive manner possible. “
Frank from Comcast sends another update. He says that Comcast was within its legal rights to dig up Kyle’s lawn, but admits that it could have been handled better. (Like, by not hanging up on him.)
As a quick follow up regarding this situation. The place where work was being done was in the utility easement for [redacted], which is 12 feet from the curb. We are working with the Customer to learn more of his experience and improve it for others. But ultimately we could have done a better job of explaining what we were doing and what an easement is.
Yay, communication.
(Photo: u2acro )
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Public utilities are: Gas, water, electric and land line phone service. And to pylon…have you gone to law school? I have. Have you ever been a cop? What do you ACTUALLY know about police work? Ever been one? Cops don’t know the law huh? Tell that to the next cop that pulls you over. And stay out of Arlington, TX…I’ll be wearing a badge there very soon.
@newfenoix: Yes, it does seem a little odd to consider cable a “public” utility (it is largely privately developed, after all; privately owned doesn’t matter so much any more, since a lot of so-called “public” utilities are privately supplied now), and there may be various circumstances in which it doesn’t make the category. However, what counts in this situation is whether the relevant county or city considers cable a public utility for the purposes of granting an easement–as it looks like your own Arlington and Tarrant County do, judging from their online docs that include cable among public utilities in easement discusssions, and as my county does.
But without knowing where Kyle is, we can’t know if Comcast counts there, and even if we did, it still doesn’t settle the specific question about his property.
WOW I really don’t know what’s going on with people saying “shoot them!”.
Your property is not really all that. There are rules and restrictions. Easements are there for a reason, so one person could not block/slow down service deployment to the neighborhood. I know of at least one case where someone built a fence over a cable pedestal (dead center, blocked the cover). A cable locator showed up, removed the section of the fence obstructing the access. The owner called the police only to be told not to block access to the easement.
They should have told you upfront and at least be polite about it. But most of the work is subcontracted and the people doing it don’t give a damn.
@newfenoix, don’t be a jackass. You sound like an idiot rent-a-cop, and you’re giving real LEOs a bad name.
And for everyone else…quick rules of thumb for Cable companies.
1: The majority of cable companies operate under what is referred to as franchise agreements, which (for most areas) classifies them as utilities and makes them accountable to your local PUC, as well as granting them permissions to use dedicated rights of way and easements.
2: In many areas, permits are not required to perform minor digs and trenching in easements and rights of way. Contact your local government to find out what is required.
3: If you dispute an individuals right to dig in an area, you should contact law enforcement. While they may not have the knowledge of easements and rights of way for an area, when you research that with your local clerk of court, if there is any impropriaty, there will be a police report on the incident which will provide proof and make it easier to file a claim.
4: All cable providers have a “damages” team (it may be called something else) that covers damage from contractors or techs. If a crew comes out and causes damage to your lawn, buried sprinkler system, or other property, most will repair the damage at no cost to the customer. Again, you may need to contact law enforcement to file a report to support your claim.
5: For God sake, do NOT cut the cable/dig it up/remove it. Three reasons. A: if it’s live copper, you might end up hurting yourself (most copper lines in a hybrid fiber-coax net carries a current. How strong, I don’t know.) B: if it turns out that you damage the lines and they’re properly placed in a right of way or easement, you are liable and may be held responsable for any and all damages (both to the physical line and disruptions of service.) There was one guy in Orangeburg, SC, who was plowing a field and entered a right of way, cutting a fiber line. He got hit with a bill for the repair of the fiber and for the cost of lost revenue caused by his actions. C: doing so (especially if it’s a trunk line) will knock out your neighbors, making you a jackass. Call your clerk of court, or county register of titles and deeds, and find out EVERYTHING!
6: And finally, don’t forget that physically threatening someone (with a dog or a gun or a rake or a fist,) or even turning on the sprinklers could be construed as assault and could get you in a world of trouble, even if you are in the right for the tresspass side of it.
Put a fence. Put a fence. Put a fence.
(Not blaming a victim).
But once I own a house, I’ll definitely will put a fence. At least decorative one. And ”danger, dog!” sign. Even if I don’t have a dog. That way, I’ll keep jerks far far away. For a very happy ending.
@ivanthemute:
And if it’s just a simple Comcast cable TV coax drop from the trunk line tap to the neighbor’s house, as it appears to be from the OP’s story, the current on the cable is practically unmeasureable from an AC or DC voltage standpoint, and is no danger at all. Fiber (light) carries no current either. Neither the cable company nor a fiber-to-the-home provider would ever put any kind of dangerous voltages on a line running unprotected underground in a shallow trench, and/or terminating at a private residence, for a lot of sensible reasons.
Cut away. (I used to be the engineering manager for a small cable system.)
The OP has already commented on here that he knows where his easement is. It is clearly marked on the survey when you buy your house. Now that we know that Comcast was not using the easement can you still justify them digging in his yard?
They should give Kyle a free Wii.
@ivanthemute: I am not a rent-a-cop and if you have NEVER been a cop, I am really not interested in your opinion. Yes, I am VERY familiar with the franchise agreements that cable companies have with municipalities. I had to deal with that fact several times a week. HOWEVER, they are not public utilities. Law enforcement is not required to assist them as we are PUBLIC UTILITIES. I never suggested that Kyle attack or threaten these guys. I said that he needed to tell them to get off the property AND call the police. And in no way did I suggest that he use a weapon. But not even PROPER PUBLIC UTILITIES have unlimited rights to invade your property. And they better have a very good reason to start digging stuff up.
And btw, just because have friends that are cops or watch Cops doesn’t mean that you know anything about law enforcement so give the rest of us a break.
@eismcsquare2: @Rachacha:
Finally someone says it. Easement or no easement, they should be required to extend the courtesy of informing the property owner first. Who really wants to deal with an owner who isn’t notified and then pissed? I mean, the bottom line is that they lost a customer over it here. Sheesh. Even film crews notify residents when they are shooting in the general AREA.
@SuperJdynamite: Why should his complete lack of knowledge stop him from spouting off… it never seems to in any other thread.
OP stated the easement, which Comcast was not within. This is a great reason to get a nice big dog!
As for their “contract” with Comcast… fine, dump them… now get the crap off my lawn! Easy enough…
If someone is digging in my yard without letting me know why and what they are doing and what right they have to do it, they are leaving my yard.
As far as I am concerned it is reasonable that I know these things. It is my property easement or not.
You would think with the number of home invasions and robberies in big cities comcast would be at least a little bit sensitive to this.
Shotgun. That is all.
You do not come onto my property and destroy it. If you don’t immediately drop the shovel when ordered to, I will consider it a weapon and shoot you.
@newfenoix:
“…if you have NEVER been a cop, I am really not interested in your opinion.”
I think that pretty much sums up the attitude of most rent-a-cops I have dealt with.
/Yes I graduated from law school, and yes it is a much better school than the one you are pretending to have attended.
//My whole family is in law enforcement so I’m not buying what you’re selling. You can stop pretending to be a real LEO and go back to guarding the 7-11 and watching Cops re-runs on your ipod.
Not to be a nag:
“”The rules and policies regarding utility easements vary by municipality guidelines. It is always are goal to do any type of digging in the least intrusive manner possible. “”
Seriously “are” not “our”?
If any Consumerists live in or near Arlington TX, I suggest you follow through on this. There is a soon-to-be-member of your police force threatening people on an internet board with some sort of action if they enter the sacred hallows of Arlington because they disagree with him about a petty issue such as this. There can’t be that many officers getting ready to get their badges there, why not look into it? This guy shouldn’t be a cop in your town. Please do something.
Do I know any cops? No. And I never have. What, are you kidding? The more I see and hear about police, the less they even seem like human beings to me.
@dorastandpipe: Absolutely agree. If you destroy the cable they will sue.
However, I think defending your property from the cable-nazis with a paintball gun shots to the groin is perfectly OK….that or you mace the bastards if they refuse to leave.
Comcast is determined not to come in second place to Countrywide again next year.
The OP has clarified that the digging was done without his permission and past the easement. If the lawn survives the ordeal and there is no plan to add a garden or dig it up in future, I’d leave the cable alone. For one, if the signal breaks you’ll just have Comcast back in your front yard digging again (and probably causing real damage) and – more importantly – you now have something to remind your neighbor about when you ask to borrow his hedge trimmer and he says “no”.
Frankly, better warned is for-armed. When my neighbors had a contractor digging up his driveway to put in interlock (we lived downtown at that time and lots were pretty tight there) the contractor had me convinced that the property line was right at my foundation – exposing and damaging my parging in the process, which I fixed at my own expense. Later on, I looked up my papers and discovered it was bullshit as I actually owned a couple of feet of my neighbor’s driveway. If I had known at the time, I would have had the contractor fix my parging at their cost. I’m more careful now.
The more I hear and read about about this company the more amazed I am they only finished second in the worst company in America contest. Makes me shiver what the number one worst does to its customers.
@newfenoix:
As others have noted, whether the cable company is considered a utility for the purpose of easements is up to the local area to decide. Many people are addicted to their cable television, after all.
You, or your department, may be confusing the difference between a ‘utility’ such as cable TV, and an what I’d call an ‘essential service’ such as electricity, water, and sewer.
People don’t have cable, they can’t watch the upteemth rerun of Star Trek. People don’t have water they can’t bathe or wash dishes(drinking&cooking can still be done with bottled). No electricity = no heat or lighting for most houses. Sewer problems are just unsanitary, and can quickly render a home unlivible. No telephones(going back to the day when landlines were the only option) equals inability to call emergency services.
FUCK YEA I WOULD DIG THAT SHIT BACK UP @snoop-blog:
I am a lawyer. I am not your lawyer. This is not my field of practice. That being said, I find it very odd that people would simply pronounce that Comcast has a right of way, easement, or whatever. Property law varies from place to place. Easements are specific. The cannot just dig wherever they see fit.
I have not read all the comments, so sorry if I repeat anything.
Being a land surveyor, I run across this sort of thing all of the time. Most everyone on a public maintained road has an easement. More often than not, home owners have no idea really where it’s at .
It’s very easy to expalin for those who wish to find out for themselves. Of course you do need to know what the easement is for your particular street is, as not all are not the same.
Say you have a 50ft. easement. Take a tape measure and measure 25ft. from the center of the street in front of your home. Where that 25ft. ends, is where your property truely begins.
More ofthen than not, if you have a sidewalk, the easement will be a few feet behind the sidewalk. A fence has no bearing on where the easement ends. It’s not built, or marked, by surveyors. To think your fence is out of bounds for public, or private utilities, is to be a fool. Look out in your front yard. If you live in one of those nice modern subdivisions, you will see cable and telephone junction boxes behind the sidewalk. More than likely your easement is in or around that area.
Yes, your yard can be dug up, and so can your nice pretty landscaping.
1. Get a spade.
2. Drive spade through cable severing it.
3. Leave spade sticking out of ground.
I would suggest that if this happens the best course of action would be to ask the technicians to call their supervisor. The OP picking up the phone and calling customer service really wasn’t a useful thing to do, since customer service really doesn’t know what or why a technician may be doing anything out in the field. the supervisor however should know what his technician is doing and should be able to reasonably understand what is happening.
If the tech refused to call his supervisor then i would have contacted the police, since they should have to prove easement if they are going to be digging up on your actual yard (instead of the normal 3-6 feet in the front yard.
Something really sounds weird here…
Is there a reason he never called the police to report trespassing?
@rkhrkh: Yeah, but look at ALL of the experts in the field here.
@Pylon83: OK – agreed on some points, but you can’t use terms like “most states”. Unless you’ve done a review of all of the states and have quantifiable numbers, then it doesn’t apply. Specifically, in VA, someone breaking into your house is not considered a threat to your life. In any state that is a defense of property state, it may be considered a threat, but it doesn’t have to be. You can kill someone in the act of stealing or damaging your property. Wouldn’t recommend it, because stuff isn’t worth it, but you could.
@newfenoix: You need to get your story straight. Former cop? Soon to be cop? Ex law student? Do you even know? Whatever the situation, Arlington doesn’t need you to tell people not to go there – it does just fine telling people that on on its own. If it weren’t for Baseball, 6 flags, and bad topless clubs in Ft. Worth, there would never be a reason to go there.
I think that the problem most people here have is a hatred for comcast. If you put the utility company at the top of the page the outcome is still the same. The OP did not understand fully the property lines. He originally said that he was aware that 3 feet off of the curb was the easement. Comcast did the research and found that the easement granted to them was 12 feet from the curb. All of the other comments made by the people on the site are petty attacks against Comcast and why should his neighbor have to suffer by having his cable cut.