Because you have a utility easement does a contractor have the right to dig it up to place a new line without our permission?

Our next door neighbor decided to change cable providers. A contractor came to
run a new line to their house and dug up our flower bed and ran a pipe under our
paver driveway. The flower bed is a mess, the pavers now have a hump all the way
across it and it appears we now have a leak under the pavers. We were never
advised of this work to be performed.

Asked on March 7, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The easement gives them the right to do the work without your permission. But it does not give them the right to damage your property. You should be able to recover the cost to redo/replant the flower bed, fix the driveway, and eliminate the leak by suing the contractor (you should name both the contractor who did the work, if you know who it was, and the cable company in your suit) for their damage, done deliberately and/or negligently (unreasonably carelessly) to your property.


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