Utility tells customers to take down fences

Northern Indiana Public Service Co. is threatening to sue about 20 property owners over fences built on a natural gas pipeline easement, but some complain they didn't know about the restriction.

[FEDUP]

NIPSCO should pay to have all the fences removed. According to the information in this article, they are responsible for not notifing the city of the restrictions to the line. An oops on their part should not cost homeowners money.

[Franklin Resident]

Everyone is just passing the buck and the property owner gets hosed.

[IBTL]

If it's a platted and recorded easement too bad for the homeowners. If it's not platted and recorded then the HO's shouldn't be responsible for it, but I'll bet it is a recorded easement. I have not seen too many utility easements that have not been. I have seen utility companies remove fences themselves and toss them in the owners yard, but it sounds like these guys are at least giving the owners a chance to do it themselves. Always check with your local Building, Planning & Zoning Dept's, HOA's and don't forget to call BEFORE you dig.

[Illini Expatriate]

NIPSCO is not responsible for the removal of these fences. When you buy a home, you pay for a survey that clearly shows utility and road easements. Ignorance is no excuse on the homeowner's part. Any court action on behalf of the homeowner’s will be tossed out immediately.

[quiet]

an easement is not part of your property didn't anyone have proper surveys of the land they bought

[Travis]

"The pipeline was not on any plat of survey, and it was not marked until 10 days ago. And NIPSCO never told me or the Plan Commission about the easement agreement until this summer," Building Commissioner Carroll Lewis said.

So the city didn't know about the pipeline or the agreement it has had with NIPSCO since 1955?

Once again, information isn't passed or recorded properly. The home owners are going to have to eat the cost on this one. A homeowner shouldn't have to pay unless they ignored a marked line.

[jabber]

As IBTL stated, it's really important to know where easements are when you buy property. It can take years before a utility needs to access an area. I feel for the property owners, but they're probably stuck with needing to remove (or move) the fences.

[Dan]

Should have checked that out before you built the fence. #1 rule.

[Hoosier81]

I've always been under the impression that you can't build anything permanent (fences techinically aren't) and that if you build a fence, the utility company always has a right to take it down. Just a chance you take. It sounds like the HO's did the correct thing, but the city didn't and issued the permits. Seems the city is at fault here.

[Info]

Even if these easements are platted - it doesn't mean you can't build over it unless the easement document itself says you can't build over it. In the case of most of these natural gas pipelines, the easements documents (recorded many years ago) DO NOT state that you can't build over it. Recently, the Federal Govt passed laws that the utilities have to monitor their pipelines (you know, post-911 world, etc., etc.). So the utilities have to send a guy out to walk the pipeline every week to make sure there's no problems. BUT, the utilities figured out that instead of sending a guy out, they can do fly-overs to check their pipelines. However, to do an easy flyover, they need a clear path with nothing built over the pipeline.

These utilities are relying on the new law to tell people that they have to tear down things that have been standing for over 40 years. THAT IS NOT TRUE. The utilities are simply looking for an easier way to comply with the federal regulations and screwing people over.

So endeth the lesson.

[Nexon]

sounds like NIPSCO is trying to cover their butts for something that happened or is about to happen.

[deff_dumb_and_bl ind]

Now here is another example of it's not my job.
Atleast some home owners did more than just get permits.
Add to that that the local zoning board had no info of thie and even the gas company was called by some owners before their fences went up. and you get deff dumb & blind from all the parties truely responsable for keeping track of such things.
Now one owner called the gas co and they marked where the fence could be placed & now it is no their right of way?
Stop the presses!
Ok gas company, you are more to blame than all other parties involved. You seem to use the idoit is as idoit does as a management policy.
You told some home owners that they could build fences within certin areas and now the fences have to come down.
I say you messed up big time and you are responsable for the cost incured by the owners. Why?
You don't know what you are doing. for years this has been being done and you just let everyone else know now!
Fess up! You screwed up and want the owners of local board to take the blame. You even went out and sadi you can build you fence up to this point at least once!
You might seek a proctololigest to preform brain surgery to correct your medcial condition!

[TNO10105]

Illini Expatriate wrote:

NIPSCO is not responsible for the removal of these fences. When you buy a home, you pay for a survey that clearly shows utility and road easements. Ignorance is no excuse on the homeowner's part. Any court action on behalf of the homeowner’s will be tossed out immediately.

Definitely.

[Right and Left]

Well, it's clear that the right had and the left hand does not know what is going on!

Local and State governments need to get their "act together" NIPSCO - should be accountable for not producing an annual set of adds informaing people of the restrictions on the pipeline. Home owner's should not suffer the cost because NIPSCO has not done it's job for up to seven years!

Once again the governemnt and large corporations want someone to take up the slake for their bad management!

[Common Sense]

Some people just shouldn't be homeowners. We can thank the low interest rates that produced all these homeowners in the first place. They get in, can barely afford the payment, then can't afford to maintain the property. Soon as their low-ball ARM is up, the house is repo'd. I have an easement, had my lot marked -- onto the easement, by the way!-- yet I still had sense enough to not build into the easement. I love the thinking here -- gee, you didn't tell me not to run in front of the gas truck so now you need to pay my medical bills. Guess what folks -- we're not here to pay for your stupidity.

[Elkhart Reader]

If the easement has existed since 1955 why isn't it on the platts of the property? If the fed say that the land usage is up to the state and local government and the governments allow fences to be erected on easments then NIPSCO should have to pay the homeowners for the fence. I also feel that NIPSCO should be responsible for the maintenance and upkeeep of this property. Should the homeowners be paid from NIPSCO for mowing, etc.?

[Elkhart Reader]

In my neighborhood there are utility easments. Some are recorded on the platts and some are not. If they are not recorded who is right?

[Nate]

Illini Expatriate wrote:

NIPSCO is not responsible for the removal of these fences. When you buy a home, you pay for a survey that clearly shows utility and road easements. Ignorance is no excuse on the homeowner's part. Any court action on behalf of the homeowner’s will be tossed out immediately.

Not always. In some cases, a survey is optional. The buyer of my home was a perfect example. Not that I agree that is the best thing, but it is not always required.

[Doug]

Info wrote:

Even if these easements are platted - it doesn't mean you can't build over it unless the easement document itself says you can't build over it. In the case of most of these natural gas pipelines, the easements documents (recorded many years ago) DO NOT state that you can't build over it. Recently, the Federal Govt passed laws that the utilities have to monitor their pipelines (you know, post-911 world, etc., etc.). So the utilities have to send a guy out to walk the pipeline every week to make sure there's no problems. BUT, the utilities figured out that instead of sending a guy out, they can do fly-overs to check their pipelines. However, to do an easy flyover, they need a clear path with nothing built over the pipeline.
These utilities are relying on the new law to tell people that they have to tear down things that have been standing for over 40 years. THAT IS NOT TRUE. The utilities are simply looking for an easier way to comply with the federal regulations and screwing people over.
So endeth the lesson.

It sounds like you are as ignorant as these homeowners. YOU NEVER BUILD OR PLANT ANYTHING IN AN EASEMENT! IT IS NOT YOURS!!! JUST LIKE YOU SHOULD NEVER BUILD OR PLANT ANYTHING ON YOUR ADJOINING NEIGHBORS PROPERTY. IT IS NOT YOURS!!!
If this was a recorded easement, which apparently it has been since 1955, WHAT THE HELL WERE YOU THINKING? It is your land, but, just like playing cards, the utility easement trumps whatever you do. Simple Real Estate 101.

[Info]

TNO10105 wrote:

<quoted text>
Definitely.

Definitely not. A survey showing the easement means nothing without the easement document itself. And the easement documents of these utilities do not say you can't build over their pipeline.

The utilities say that you can't build over their pipeline because of the new federal regulations. Sorry, but that just isn't the case (see my earlier comments).