Can the cable company enter my fenced and gated yard without permission?

by **teyo** » Mon Apr 30, 2012 12:03 pm

I live in rural texas (houston area) I have come home from work on 3 separate occasions to find one of my gates left open and my dog out. Come to find out on one occasion when talking to my babysitter the cable company came in the yard without permission because she was busy with the crying baby and couldn't answer the door. The other times they never even knocked, I came home and my babysitter had been home all day and a gate would be left open and there would be utility company flags in my yard. My dog is a very important member of our family and I am really worried about her getting hurt. I understand that I have easements in my back yard that they can do whatever with but don't they need my permission to enter a latched and fenced yard??? and if I put locks on the latches and no trespassing signs up can they still enter my yard without permission or would they be trespassing and I have the right to call the cops to teach them a lesson.

I have nothing against the company, I do have service with them and have had some positive and negative interactions with them but I feel like its probably one person in the company who is not doing right, I am concerned for my pet and my baby because I don't feel the babysitter could defend herself if someone tried to do wrong...

I have to make an appointment and wait through a 5 hour window for service why doesn't the cable company have to wait to make sure I am home before going on my property?

by **lorimar** » Mon Apr 30, 2012 12:05 pm

They have a easement to be there. But leaving a gate open were animals or children are able to wander off is under different laws. That is were to look. That could be a big fine for the person who left the gate open. Probably under live stock laws. Open a gate close it. In most States is a law were animals are. And you can be held responsible for damage if they get out & a fine.

by **gustav** » Mon Apr 30, 2012 12:10 pm

When you signed up for cable service, you agreed to it. If you no longer agree to the terms of service, then cancel the service.
If you ar trying to ask what an easement is, start with a dictionary.

by **eddis** » Mon Apr 30, 2012 12:25 pm

Your additional details prove YOU don't understand easements OR property law. They also prove you DON'T want impartial information. What you want is someone to agree with you, despite the fact YOU are legally wrong.

by **deangelo51** » Mon Apr 30, 2012 12:33 pm

Yes. Your deed includes an easement that allows them to access your property to work on the lines. That doesn't give them the right to leave your gate open and let your dog out.

by **darrick34** » Mon Apr 30, 2012 12:36 pm

put a lock on the gates

by **ezri** » Mon Apr 30, 2012 12:38 pm

Yes, with an easement they have the right to access your property whenever they feel it is necessary. You however, have the right to expect they will not let the dog out.

The most effective way to deal with this is to send a certified letter to the service manager at the company detailing that they have let the dog out in the past. Tell them that while you understand their rights under the easement they do not have a legal right to potentially put the family pet's life in jeopardy. Make it clear that should anything happen to your pet you will hold them fully responsible and won't hesitate to take legal action. I would also recommend writing a letter to the editor of your local newspaper. If your dog was let out then changes are good other ones have been too. There's greater power in numbers. Also instead of no trespassing I would put a sign up saying that there is a dog in the yard and please make sure the gate is closed and locked when you enter or exit. They may not have initially realized the dog was there.

Don't bother to cut your own service off the easements extend into perpetuity.

by **valentino** » Mon Apr 30, 2012 12:44 pm

I will be honest and tell you what I did regarding the bozos that did this with MY dog [who is an inside dog but they did not know this]

They came several times and to reach the slide bolt for MY gate you have to reach over a 5 foot gate and slide the bolt over then pull up the latch and enter.....this is NOT something you can do with ease and like you feel that they should at least do a courtesy knock to advise you about them coming in.

When I spoke to my lawyer about this he said to call the company write down names and times etc state VERY clearly that if the person enters again without at least letting us know then we would [a] NOT be responsible should THEY get attacked by the dog [b] would hold them FULLY responsible for any injuries the dog caused should she get out due to them entering the area..........

I stated very clearly that have NO issues with them coming in but as my dog is a pit suggested strongly that they MIGHT want to not just "wander" in when they felt like it and then leave without making sure the gate is secure...............

Make sure you then follow up the call with a letter stating pretty much what was said in the call and send it where some one has to sign for it................

by **joachim** » Mon Apr 30, 2012 12:50 pm

I will be honest and tell you what I did regarding the bozos that did this with MY dog [who is an inside dog but they did not know this]

They came several times and to reach the slide bolt for MY gate you have to reach over a 5 foot gate and slide the bolt over then pull up the latch and enter.....this is NOT something you can do with ease and like you feel that they should at least do a courtesy knock to advise you about them coming in.

When I spoke to my lawyer about this he said to call the company write down names and times etc state VERY clearly that if the person enters again without at least letting us know then we would [a] NOT be responsible should THEY get attacked by the dog [b] would hold them FULLY responsible for any injuries the dog caused should she get out due to them entering the area..........

I stated very clearly that have NO issues with them coming in but as my dog is a pit suggested strongly that they MIGHT want to not just "wander" in when they felt like it and then leave without making sure the gate is secure...............

Make sure you then follow up the call with a letter stating pretty much what was said in the call and send it where some one has to sign for it................

"You people are dumb, does it sound like I don't know what an easement is? If you don't know anything about property law then don't answer and go troll somewhere else. You are stupid if you really think I haven't already talked to the cable company. I wanted impartial information here not the opinion of some ignorant hillbilly cable company installer who thinks they know the real answer."

Actually, you are the dumb one. You contracted with the company for service and/or have their lines running through your property (a utility easement). If that is the case, they can come and tend the equipment. If your baby sitter can figure out how to deal with a crying baby AND answer the door, it sounds like you need a new one. If you don't like the service, get rid of it. If they have a utility easement, live with it or move. And, I am not a cable installer, nor a hillbilly. I live in a big city.

by **orson19** » Mon Apr 30, 2012 12:59 pm

Regardless if your a customer or not your property has various utilities running underneath it. These utilities may be power, cable, gas, phone, etc. The individual companies have the right to enter your property, service any equipment, install or remove any equipment, etc. in support of their infrastructure.

They can destroy your proerty if they need to and have no obligation to repair it. They do not need to have permission to enter your property (entering your house is different). This has been decided by the US Supreme court and if you would take the time to get off your lazy butt and google Texas State Law you would find the staute that gives them this right.

Because they say everything is bigger in Texas, including laziness apparently here is the actual Texas State Law, feel free to look up the rest of the laws yourself:

Sec. 181.083. AUTHORITY TO CONSTRUCT LINE ON PRIVATE PROPERTY. A telephone or telegraph corporation may enter land in which a private person or a corporation owns a fee or lesser estate to:(1) make a preliminary survey or examination to prepare for the construction of a telephone or telegraph line;(2) change the location of a part of a telephone or telegraph line as necessary; or(3) construct or repair a telephone or telegraph line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

By the way - little piece of advice, people come here and answer questions on their own. While some answers may be clearly smarta$$ish that does not give you the right to call people idiots just because you don't agree with their answer. Pull your head out of your backside and grow up.

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