TELECOM Digest OnLine - Sorted: On Having Telco as a Housemate (was Question Easement)


On Having Telco as a Housemate (was Question Easement)


John McHarry (jmcharry@comcast.net)
Wed, 19 Oct 2005 20:04:06 GMT

[TELECOM Digest Editor's Note: As I suspected would happen, one of
our readers did some homework and came up with this article which
first appeared here in February, 1989 and was later repeated in
November, 1991. PAT]

> [TELECOM Digest Editor's Note: Does anyone remember the story in the
> Digest several years ago where an answering service switchboard had
> been located for several years in a private home -- If I could find
> the story somewhere I would re-run it here. PAT]

Google is Your Friend:

TELECOM Moderator Nov 12 1991, 8:30 am
Newsgroups: comp.dcom.telecom
From: tele...@eecs.nwu.edu (TELECOM Moderator)
Date: 12 Nov 91 06:45:34 GMT
Local: Tues, Nov 12 1991 2:45 am
Subject: On Having Telco as a Housemate (was Question Easement)

Here is the story I promised earlier which originally appeared in
TELECOM Digest on Sunday, February 26, 1989 along with a few replies
which appeared in the week following.

PAT

------------------

Date: Sun, 26 Feb 89 1:04:38 CST
From: TELECOM Moderator <tele...@eecs.nwu.edu>
Subject: On Having Telco As a 'Housemate'

I will sub-title this report 'The Case of the Box Which Won't Be
Removed'. The location is Lockport, Illinois; a suburban community
thirty miles or so southwest of Chicago. It is served by Illinois
Bell; or should I say the lady I will tell you about serves IBT. One
way or the other -- anyway --

Wanting to get out of the city, the lady bought a house in Lockport.
It is an older place, but very well maintained over the years. One
room would make a great den, but there was one problem that had to be
taken care of first. In one corner of the room sat a box, about five
feet high and four feet square. There were about 500 wires running in
and out of it, all eventually finding their way through a hole in the
wall. On the outside of the house at that point, the wires ran a short
distance, then went down into the ground in a metal conduit like
thing.

Curious about it, she asked the realtor what it might be for, and was
told that a former occupant of the house had operated an answering
service there. The room she was planning for her den had been the
switchboard area for the answering service years before.

The lady called up Illinois Bell to see about having it removed. IBT
agreed to do so for the mere sum of $2,400. *And they agreed the box
was dead*. The lady protested; saying that $2,400 seemed a lot of
money to yank out the old box, especially since nothing was going in
its place provided by the phone company.

After asking around, she found an independent workman willing to
remove the box for $300, and was about to tell him to go ahead with
the work when two people from Bell stopped by to see her, to warn that
if any lines were broken or damaged, she would have to pay $70 for the
repair of each. She said she thought $70 was rather outrageous for the
repair of useless, dead lines, but the guys from Bell said in fact the
lines were alive. They did agree to reduce their price and remove the
box for 'only $1800', and completely indemnify her against damages or
disruption of service which might occur in the process.

Her independent workman took another look and confirmed what Bell had
said: The box was in fact alive, and nearly 500 working pairs were
terminated inside. Together they went back to Bell, and got the price
for removal of the box negotiated down to only $1200.

The lady said she had no intention of paying *anything* to take it
out. And really, can you blame her? Finally with no place else to
turn, she went to see the house's former owner; the fellow who had run
the answering service. He said he thought Illinois Bell had been
granted an easement to have the box there.

And now the matter becomes even more mysterious. The lady went to the
village hall and spoke to Lockport officials herself; and yes, they
said, Illinois Bell *does* have an easement to that room in your
house. They were unable, however, to show her a signed document from
the previous owner giving easement rights to Bell. Tbe former owner
insists he never signed anything; he claims they put the box in when
he started the answering service back in the middle 1950's; and he
claims he can't remember ever giving Bell permanent squatting rights
there.

After continued negotiations, IBT still insists it needs $1200 to
remove its equipment and give up its easement rights. In the meantime,
the lady won't budge, and she is living there with a Pandora's Box
filled with legal ramifications for a 'roomate'. The search goes on
for an official record of the easement with someone's signature on it.
I suspect if and when it is found it will be the signature of the
former owner. The contractor hired by the woman has identified a dozen
businesses and several dozen residences in the vicinity which show up
on terminals in the box.

I think eventually if an easement record cannot be located, IBT will
have to bite the dust and relocate the whole thing at thier expense.
The woman has said if the easement *is* found, and it contains the
signature of the former owner, she will sue him if necessary to make
him pay for the removal.

In the meantime if something goes wrong and Bell has to visit the box?
Well, let's hope the woman isn't asleep, in the bathroom or otherwise
'indisposed' when her 'roomates' visitors show up!

Patrick Townson

Subject: Re: Telco As a 'Housemate'
Date: Mon, 27 Feb 89 12:40:48 -0500
From: Joel B Levin <l...@bbn.com>

If I were that lady, and IBT came to the door because they needed
access to work on one of the lines that came to that box, I would give
it to them -- as soon as they showed me the document granting telco
the easement. Not before.

Another tack--

Is there some way a noisy electrical device (an old refrigerator or
something) next to the box might cause noticeable noise on the lines?
That also might provide some impetus for them to move the box (or
really make it dead). After all, they can't tell her what she can or
can't have in some corner of her den.

/JBL

From: Mark Brukhartz <laidbak!...@buita.bu.edu>
Subject: Re: On Having Telco As a 'Housemate'
Date: 1 Mar 89 19:16:45 GMT
Organization: Lachman Associates, Inc., Naperville, IL

This woman ought to consult a real estate attorney without delay. I
believe that her seller was responsible for conveying a clear title to
the property, including a written description of any easements. He (or
his title insurance company) are probably responsible for Illinois
Bell's claim of easement.

I understand that uncontested use of a property will mature into
permanent rights after some (forgotten) interval.

Mark Brukhartz
Lachman Associates, Inc.
..!{amdahl, masscomp, nucsrl, sun}!laidbak!mdb

From: John Allred <ames!mailrus!BBN.COM!jall...@uunet.uu.net>
Subject: Re: On Having Telco As a 'Housemate'
Date: 2 Mar 89 16:40:10 GMT
Reply-To: John Allred <ames!mailrus!vax.bbn.com!jall...@uunet.uu.net>
Organization: Bolt Beranek and Newman Inc., Cambridge MA

In article <telecom-v09i0077...@vector.UUCP> laidbak!...@buita.bu.edu

(Mark Brukhartz) writes:
> This woman ought to consult a real estate attorney without delay. I
> believe that her seller was responsible for conveying a clear title to
> the property, including a written description of any easements. He (or
> his title insurance company) are probably responsible for Illinois
> Bell's claim of easement.
> I understand that uncontested use of a property will mature into
> permanent rights after some (forgotten) interval.

I think the interval is 20 years for "adverse use" of property. Your
mileage may vary.

John Allred
BBN Systems and Technologies Corp.
(jall...@bbn.com)

From: Darren Griffiths <d...@ux1.lbl.gov>
Subject: Re: On Having Telco As a 'Housemate'
Date: 4 Mar 89 01:13:09 GMT
Reply-To: Darren Griffiths <d...@lbl.gov>
Organization: Lawrence Berkeley Laboratory, Berkeley

It seems like it should be pretty easy to get the box removed. Simply
have the lady go down to Radio Shack and buy a line kit that can be
connected straight to the punch down block that's probably in the box.
Whenever she has some spare time try a few of the lines, see who's
talking and interrupt them. If they aren't to angry at someone
listening to their phone calls then she could explain the situation
and have them call IBT. If they are angry I'm sure they'll call IBT
anyway.

Darren Griffiths D...@LBL.GOV
Lawrence Berkeley Labs
Information and Computing Sciences Division

-----------

And there you have it ... the story which appeared here over two years
ago. I had forgotten one detail: The box was not in her bedroom, but
actually in the room she wanted to use as a den.

PAT


Lars Poulsen Nov 16 1991, 6:34 am show options
Newsgroups: comp.dcom.telecom
From: l...@cmc.com (Lars Poulsen) - Find messages by this author
Date: 15 Nov 91 18:58:35 GMT
Local: Fri, Nov 15 1991 2:58 pm
Subject: Re: On Having Telco as a Housemate (was Question Easement)
Reply to Author
PAT,

Don't leave us hanging like that: Did that lady ever get the
box removed?

Lars Poulsen, SMTS Software Engineer
CMC Rockwell l...@CMC.COM

[Moderator's Note: I don't know. I never followed up on it. If someone
wants to do so, I'll be glad to run a followup story. PAT]

[TELECOM Digest Editor's Note: And that is where things stand,
seventeen years after the article first appeared here. In my
recollection of this yesterday, I recalled it as being Joliet;
Joliet and Lockport are next door to each other, 'sister-cities'
so to speak. Pardon me if my memory is a bit hazy after all these
years, even if I was the person to write it first here in 1989. If
anyone wants to follow up on this, it _would_ make an interesting
report. By now, I imagine the house has long been sold, maybe even
a couple of times since the lady lived there who first brought it
to our attention. Since I am no longer around the area at all,
there is no way I can investigate it further. My offer of a
followup story still stands. PAT]

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