Can a gas company make me relocate a newly installed fence if they previously signed off on its location?

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Can a gas company make me relocate a newly installed fence if they previously signed off on its location?

The gas pipeline company wants me to move the fence that I just put u. It is on their right-of-way even though its my land. Can they make me do this? I called the dig test people to have them mark the lines before Iput the post in. The gas company itself came out and marked it and said just stay 5 feet to each side of the line with my post. Then I would be fine. Now an engineer called me and told me that I have to move it off the right-of-way altogether. There is only about 6 feet of their line that crosses the corner of my property. What are my legal rights as a property owner?

Asked on April 14, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In this case, since it is their right-of-way, they *can* probably make you move the fence. On the other hand, since it placed it where it was based on their own personnel indicating that you *could* put it there, you should be able to recover the cost of moving the fence from the gas compay--i.e. since it was there act or error which caused you to mis-locate the fence, they should have to pay. Assuming you have evidence (e.g. documents and witnesses) to the effect that you installed in the fence on their say-so and approval, you should have a good case for recovering costs associated with it from the gas company. With that as leverage, you might also try to settle--e.g. would putting a large gate in for their personnel or equipment (which they could pay for) be sufficient?


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