can Edison co. dig trenches in my back yard not within their 5′ easement

UPDATED: Oct 1, 2022

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can Edison co. dig trenches in my back yard not within their 5′ easement

there is a 5 ft utility easement, they dug trenches in my personal property, and
did not return the lawn to the original the trenches were 10’off the easement

Asked on May 15, 2018 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they cannot: an easement holder only has the right to use (e.g. dig within) the area of its easement, no place else; and any damage they do to the rest of your property is something they are liable for. If it's economically worth it to you (e.g. it's worth your time and effort), you could sue them for the cost to re-landscape, etc. whatever they damaged or changed and did not restore.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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