TheBakersfieldCalifornian.com

A series of lawsuits filed recently by Southern California Edison has a group of Lamont neighbors worried that they may have to tear down their backyard sheds, swing sets and chicken coops to make way for the utility's maintenance crews.

Nine virtually identical suits, none of which seek payment, claim the structures are impediments that violate property easements established six decades ago to ensure safe and reliable operation of Edison's overhead electric transmission lines in the area.

The cases are still in early stages and both sides say there may be room for compromise. But taken together, they illustrate the limited control some property owners have over their own land, as well as the importance of reading and understanding what some people mistake as unimportant real estate documents.

Although such disputes are common, real estate lawyers uninvolved with the cases presented different views on what may lie ahead in court.

Bakersfield lawyer Scott Perlman said he was surprised that Edison had to file suit in the first place, given that easement disputes tend to be "pretty cut and dry."

"I think frequently people buy things without reading the fine print," he said.

Santa Ana lawyer Daniel Callahan asserted that there will have to be a balance between Edison's right of access and the homeowners' ability to do what they want with their property.

He said the suits may come down to a case-by-case determination as to how difficult it would be for Edison to get around each structure versus how much trouble it would be for the property owner to remove it.

"You weigh how much of an obstruction it really is, how much of an imposition," said Callahan, with the firm of Callahan & Blaine. "There's a balance."

Early attempts at resolution

Edison says it only became aware the homeowners had erected the structures -- or in some cases, built swimming pools -- when one of its patrolmen noticed them in 2007 in the vicinity of Delight Avenue and San Emidio Street.

After the utility notified property owners of the alleged violations, some responded by removing the items and trimming trees or bushes to the utility's 18-foot height limit.

Others did not. Edison representatives said repeated letters and phone calls by the utility went ignored for years, leaving the company no option but to sue in order to protect its legal right of access to the properties.

"This is simply around, let's make sure that our crews can access our towers," Edison real properties manager Christy Fanous said.

None of the neighbors are Edison customers; the area is served by Pacific Gas and Electric Co.

Neighborly compromise

Several of the defendants declined to speak to a reporter or could not be reached for comment. But a Bakersfield lawyer representing some of them said Edison might not have the unfettered access it is asserting.

"Usually it's a standard of reasonableness," said the defendants' attorney, Kristin Hagan.

Basic facts remain to be determined, Hagan said. For example, she said she did not know whether Edison has ever been prevented from doing maintenance work on her clients' properties.

Also, it is still unclear to her whether Edison's easements apply to the defendants' properties and how these documents should be interpreted.

Depending how things go, Hagan said, Edison may choose to compromise early on, though that would happen on a case-by-case basis. She noted that her clients still own their properties, after all.

"There's also to be the practical side, to me. Let's be good neighbors," she said.

Some compromise may already be in the works.

Jacqueline Shaffer, one of the defendants not being represented by Hagan, said she and her husband initially dismissed Edison's letters, but now they are working with the company to address its concerns to avoid a court fight.

The couple have agreed to fill in a hole their grandsons dug in the backyard, she said, and they are looking for someone to trim her backyard trees.

But she said a company representative recently told her she won't need to move two tin-roof structures in her backyard.

"It's no big deal, really," she said.

Check before you build

Utility easements are a matter of public record, and Edison representatives advised that before undertaking new construction, property owners should check whether it may violate someone else's right of access.

Information on all easements, if they exist on a particular property, are noted on the title report that is generally required before a sale. Title reports are the documents that also note tax liens and other encumbrances.

If property owners cannot find a title report in their home sale documents, Edison's Fanous advised, they can go to the county Assessor Recorder's office, which in Kern County is located in downtown Bakersfield at 1655 Chester Ave.

Otherwise, she said, property owners are welcome to call the company at 626-302-1212 and ask.

Another option, she said, is to walk outside.

"If you look up and see transmission lines in your back yard," she said, "that is usually an indication that there is an easement most likely on your property."