What to do about a utility easement that is ruining my backyard?

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What to do about a utility easement that is ruining my backyard?

I have a 4 year old home and I have a 10 ft easement that runs along the back yard property line. There is telephone, cable and sewer lines underground within this easement. Every 3 or 4 months 1of these utilitiess feel they need to repair a cable and dig a huge hole in my backyard. One utility even removed a fence panel and never put the post back in concrete; now it wobbles. I try to keep a nice yard but can’t do it with this situation. Now there is a new home being built behind me and the contractor informed me they are going to have to “dig a big hole” in my backyard to run a sewer line.

Asked on September 15, 2011 under Real Estate Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all sattes, a person who owns an easement over another person's parcel that benefits him or her individually or their property has the obligation to maintain the easement and make any repairs to the property that is burdened by the easement as to their use of it.

In your situation from what you have described, the owner of the easement over your property is not adequately making the necessary repairs and maintance to it after access to your property is obtained. You need to call the owner of the easement voicing your displeasure as to the additional work that he or she is causing you requesting that repairs be made to your home followed up by a written letter where you keep a copy for your records.

If you do not get an adequate and timely response to your request, you can make the repairs yourself and sue for the costs in small claims court.

Good luck.


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