aerial easement

Answer 1

Qwest should have an aerial easement to cross your property, if not they are trespassing and you are entitled to compensation for the use of your property; however, they may already have an easement from many years ago which should be recorded at the county courthouse.  They do not have a right to use the space, unless they previously acquired that right from the respective landowner at that time.  In addition to the easement, they certainly do have a pole attachment agreement (unless they own the poles) with the pole owner; which is a separate requirement from the easement.  If a pole is on your property, you are entitled to compensation for that easement also.
Sincerely,
Randy Whitehead,
Infrastructure Realty Consultant
[e-mail]