If a utility company, or government agency (sewer, water) has an easement over my property, who is responsible for damage to my property if they come through and use the easement?
There are many easements over land, wire and pole easements for the power on phone companies, underground pipes for gas or water, and underground drains for the removal of water. All easements will be set out on the title to the real property (through some you have to search for because they go back a long way or the companies may have changed names). Within the original easements is generally a clause that the company that has the benefit of the easement a) maintain the easement and equipment within, over or under the easement and b) replace, repair any damage that they cause the home owner when using the easement. Note though the homeowner also has a obligations. They many not permanently restrict access to the easement. They may not place, items on the easement that are permanent in nature (houses, decks, swimming pools) and that are hard to move to access the easement or may require major repairs if damaged. The easement holder has a right to enter the property (upon notice to the landowner) to work on easement, clear land or cut back trees or brush that interfere with the easement. Now the homeowner can put items on the easement that will not interfere with the easement. Sheds that can be moved, swing sets that can be moved. Fences with gates that allow access. If the easement holder has damaged your property send them a certified letter, return receipt request, outlining when the damage occurred, who was accessing the property when it was damaged and what the actual damage was. Generally it will take awhile (and a few letters) but repair work will be done to satisfy the land owner. As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs. If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E Main Street, Palmyra, NY 14522.