Just like everyone else who owns real property there are utility easements along part of my property. I understand this, and know without them I won’t get services like gas, electric and water, however, is there some responsibility on the utility companies if they damage the property when they are replacing or repairing their lines? The new water lines have been put in and my driveway is a mess. Can I do anything about it?
Utility companies have easements over real property. They do not own the property or maintain the property, that’s the responsibility of the landowner. However, in every easement is an agreement as to ‘how’ the easement is to be used, who has the right to use it, and how it will be cared for. That’s what you are looking for.
Most of the gas and electric easements are very old, and many are dovetailed with old telephone and telegraph easements. Many new companies, like cable companies, contact with the original owners of the easements and use the same ones, this is so you don’t end up with several different easements running through your property.
The company that uses the easement, and enters upon the easement to replace or repair it’s lines, poles, and other items, are responsible to leave the real property in the same condition that it was in prior to the company entering it. Therefore if you have a paved driveway and the utility company (water/sewer/electric/gas) is doing work on the easement and dig up your paved driveway, they must repair the driveway when they are done, including replacing the pavement, but only over the area that they are working in. If it’s a stone drive, then they must replace with stone, gravel with gravel and if it is dirt, with hard packed dirt.
Now there is no obligation to do this right away, they can complete their project then go back and repair any damage that has been done. And it’s not limited to driveways, they also have to fix sidewalks, re-instate mail boxes, but back plants that have been destroyed or moved, fix retaining walls etc.
If it appears that the work is done, and your drive has not been repaired then you need to contact the utility company and file a complaint with them. The utility company most likely contacted with another company to do the repair work and may be unaware that the repair company has not returned to complete the job. If it is a water line, those are taken care of by your local water department, which may be the Wayne County Water Authority, or your Village/Town. Who ever you pay your bill to is in charge. With the sewer lines, those are owned by your Town/Village, so that’s where you call.
Remember they only have to repair the area that they damaged, and only with the same material that was already there. Also remember you can not place an item permanently on an easement, and if you do, and it is damaged, they may not be responsible for replacing or repairing that item.
As always this is a general answer to a general question. Each legal issue may contain other factors that need to be discussed with your own attorney.
If you have a question for Attorney Kukuvka, please mail them to her at 330 e. Main St., Palmyra, NY 14522 or at cklaw@verizon.net .