House encroaches on utility easement

My house was built 2 feet into the utility easements. There is a utility pole with electric transmission wires 3 feet from the back of my house. If the pole should need to be replaced, would the utility company be able to place it in the same spot?

Yes, and you might have some other concerns. An easement is a legal term for when one landowner gives another party, often a utility company, the right to enter or use a portion of the property for a specific purpose. Com mon easements are for water pipes and electric poles. Most easements “run with the land,” meaning that the easement will pass from one property owner to the next. The easement you are dealing with was likely granted several owners ago, before your house was even built.

When part of a structure that is built on your land crosses an easement, it is called an encroachment because the structure is encroaching on the easement holder’s rights. Because easement holders have the right to use the space for their purpose, such as running power lines, they can enforce their right by making you remove the encroaching structure.

First, make sure there really is an encroachment, and not a surveying mistake or an easement that was adjusted or removed when the house was built years ago. If the encroachment still exists, check your title insurance policy, as it should cover the cost of repairing an encroachment that was not found at the time you bought your home.

If your title policy has a stated exception for this, you will need to try to work things out with the utility company.