- April 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Issues with Neighbor Cutting Xfinity Cable Line
We live in a townhome complex and have Xfinity. Unfortunately, our neighbor has cut the cable line three times now. The first incident occurred when he claimed it was an accident, but expressed frustration with the placement of the line. We had no control over where Xfinity installed the line, as the cable box is on the side of our house and the line is buried in the ground. The gardens, technically owned by the HOA, are utilized by residents for planting without clear distinctions of ownership.
Xfinity was called in to repair the line after the first incident. However, our neighbor cut the line a second time, blaming the shallow burial of the line and demanding that we have Xfinity relocate it. He declared that he had the line rerouted through his attic without our consent. Despite our efforts to remind him of the cable line’s presence when he’s gardening, he cut the line for a third time. Upon confronting him, he simply shrugged off the incident.
## Consequences of Neighbor’s Actions
The repeated cutting of the cable line has left us without internet access, which is critical for work as I operate from home. Unfortunately, there is hesitation in involving the police due to our neighbor’s unstable behavior, which includes cursing and yelling. This raises concerns about how to address the issue effectively without exacerbating the situation.
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The AI Legalese Decoder tool can assist in drafting a formal communication to the neighbor, outlining the legal implications of damaging private property. It can provide guidance on potential courses of action, such as seeking a restraining order or exploring civil remedies for property damage. Additionally, the tool can generate customized templates for documenting the incidents and communicating with relevant authorities or legal counsel if necessary. This can help to navigate the situation with a clear understanding of legal rights and responsibilities, minimizing potential conflicts with the neighbor.
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****** just grabbed a
Sounds like it is in an easement and the neighbor is simply ignoring that fact. But broadly I agree that this is Xfinity’s and maybe the HOA’s problem to solve.
OP – you should contact Xfinity and explain the situation and I’d also contact your HOA and tell them. It’s not a police matter.
He is damaging xfinity property on purpose. While it is an inconvenience you, xfinity needs to deal with it. I’d definitely let them know what is happening, and who is responsible.
I’m a cable tech but not your cable tech.
If Xfinity’s service practices are anything like the company I work for, realistically no one is going to care to any substantial amount.
You’re going to call in for a service call, and they’ll come out and do a repair if the cut is exposed or more likely run a temporary bypass cable.
They’re not going to care about “damages” or anything like that. The company has made their financial peace with what service calls like this cost them.
They are also not going to particularly care that you work from home. Everyone works from home. You’re almost certainly on a residential SLA that makes absolutely zero promises about uptime or restitution for downtime beyond *maybe* a pro-rated billing credit for the impacted days.
The police are not going to care unless this reaches the level of obvious harassment or vandalism. The fact that the line *is* buried thru the garden is going to be in your neighbors favor as far as that kind of thing goes.
What state? In California, deliberately cutting someone else’s cable TV line is a criminal offense. First time might have been an accident, but repeatedly doing it in the same place demonstrates intent. Other states may have similar laws.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=591.
> 591. A person who unlawfully and maliciously takes down, removes, injures, disconnects, cuts, or obstructs a line of telegraph, telephone, or cable television, or any line used to conduct electricity, […] is subject to punishment by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment in a county jail for 16 months, two or three years pursuant to subdivision (h) of Section 1170 and a fine of up to ten thousand dollars ($10,000).
Get some PVC pipe and when Xfinity shows up again have them run the cable through it. They’ll be glad to.
He’s taking delight in cutting it. The way he figures, if he can even find it to cut, it’s not properly buried. He should get a real life and the cable company should figure a different plan for the cable so he can’t get to it
I don’t see anything direct you can do. Xfinity has damages from the actions. It would be hard to argue damages between your neighbor and you .
Xfinity should be burying it deeper and within easements.
If it’s an in house tech that comes and repairs try and get their supervisor. If techs keep having to come because someone is cutting your line that means they are being repeated and that techs don’t want that. It can prevent them being promoted/getting their yearly raise. Tell the tech that your neighbor is intentionally cutting your line. There are ways for a supervisor to escalate the issue and charge the party that is intentionally doing it. I’ve seen it happen when crews do work, don’t locate before hand and cut lines. After the visit fill out the survey. In the survey say that your neighbor is intentionally cutting your line. The survey is seen by local supervisors.
Most places generally have easement rights for utilities so it’s gonna have to follow that path. Comcast won’t move the tap location. That’s tens of thousands of dollars to do. If the tech isn’t submitting a drop bury escalate that. When cables are underground they need to be ran in conduit. I’m guessing right now it isn’t.
Xfinity needs to either move or bury the line deeper.
Cut his plants anytime he cuts the cable?
I would call the police
I am a lawyer, not your lawyer. It is not clear whether or not the cable company in fact has an easement where the cable is run or not or whether this is an assumption you are making because they have run it there. I have cable run all over my yard including bored under the driveway with no easement.
Utility easements cannot prevent owners from fully using their property. If your neighbor wants to garden that can not be prohibited because of an easement. I inadvertently cut my own cable tending to my rose bushes in the flower beds the cable company ran my cable through. When the next person came out to repair it, they dug a deep trench so it would not be cut again.
This is not a police matter and you would have the burden of proving your neighbor deliberately and purposefully cut your cable. Your calling him unstable because he cusses and yells while gardening may be slanderous.
Your beef is with the cable company. Have them run your cable so that it doesn’t go through his garden spot or have them put it in so deep, at least 24” or more, and sheath it with a pipe.
Unless your neighbor is gardening on your property, I am unaware of any duty he owes you or the cable company since he is engaged in normal gardening activities on his property. It would be an undue burden to expect him to have to get his garden marked every single time he worked in it and IMO, this was not the intention of the call before digging requests.
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