Utility Easement Trespassing?

Asked September 22, 2017, 10:54 AM EDT

Recently a utility was on our property installing (burying) some new equipment. The hole that they dug extends beyond the allotted easement and on to our property. Not to mention the damage that they have done to our property with their heavy equipment, and the dirt that they piled up on our property (all outside they allowed right of way). Do we have any legal recourse regarding the trespassing / damages?

Oakland County Michigan

1 Response

The availability of legal recourse in your situation would depend on the scope and terms of the written easement document. Some utility easements specifically allow its holder to use property outside the easement to access the easement area for installation, maintenance, and other purposes. Even so, the utility is typically responsible for restoring the property and reimbursing any damage they cause, unless the written easement provides otherwise. I recommend contacting the utility first to file a claim and resolve this outside the legal system. If that does not work out, you can contact a real estate attorney for further advice. Remember to take pictures of the activities and any damage.