What Legal Recourse Do I Have if an Electric Pole Is Inside My Property and I Want It Removed?
Question:
What can be my legal recourse if an electric pole is inside my property and I want it removed?
Answer:
If you find that an electric pole is situated within your property and you wish to have it removed, you have several options under Philippine law. Here are some steps you can take:
Initiate Dialogue:
Contact the Electric Company: The first course of action should be to contact the electric company responsible for the installation. Many cases can be resolved through negotiation.
Review Documentation: Check any existing contracts, permits, or easements that might authorize the electric company to install a pole on your property.
Legal Steps:
Legal Notice: If negotiation fails, you may proceed by sending a legal notice requesting the removal of the electric pole. This notice should clearly state your demand and provide a reasonable deadline for action.
Consult a Lawyer: A legal expert can guide you through the legal intricacies and help draft the notice, and if necessary, file the appropriate case.
File a Case:
Ejectment or Unlawful Detainer: If the electric company fails to act on your notice, you might consider filing an ejectment or unlawful detainer case.
Injunction: Alternatively, you can file a case for the issuance of an injunction to prohibit the electric company from continuing to use your property for their electric pole.
Regulatory Bodies:
Energy Regulatory Commission (ERC): You may file a complaint with the ERC, which has the authority to regulate and adjudicate matters involving electric utilities.
Local Government Units (LGUs): Sometimes, local government permissions are involved in the installation of electric poles. You may also explore filing a complaint with your local government.
Necessary Documentation:
Land Title or Ownership Proof: You should have clear proof of ownership for the property in question.
Evidence: Photographs of the pole, correspondence with the electric company, and any other evidence that strengthens your claim should be gathered.
Summary:
In dealing with an electric pole on your property, start with negotiation but be prepared to take legal actions. Depending on your situation and how cooperative the electric company is, you may need
to escalate to legal or regulatory remedies.
Disclaimer:
This article is intended for informational purposes only and does not constitute legal advice. For specific legal advice tailored to your situation, it is advisable to consult with a legal expert.