Can utility company install pipe passing through my lawn?

[littleMike]

What is the name of your state (only U.S. law)? MA

My neighbor and I share a drive way for years without problem, we share all maintenance costs. But recently we have an issue.
The utility company are installing gas pipes for all interested houses including my neighbor who wants to change from oil to gas in order to save heating costs. The gas company wants to install pipes passing through my lawn for 30-40 yards which likely will cause damages.

So my question is if I have to allow the gas company digs in my lawn. I believe my deed only indicates a shared driveway, not lawn.

One other option will be digging the driveway we share, if it this is the case, then do I have to allow it? Also if it is reasonble to request the gas company to completely resurface the driveway instead of refill the digged area.

Thanks in advance for any advice.

LM

 

[Zigner]

Check your property description/deed for an easement.

 

[HomeGuru]

What is the name of your state (only U.S. law)? MA

My neighbor and I share a drive way for years without problem, we share all maintenance costs. But recently we have an issue.
The utility company are installing gas pipes for all interested houses including my neighbor who wants to change from oil to gas in order to save heating costs. The gas company wants to install pipes passing through my lawn for 30-40 yards which likely will cause damages.

So my question is if I have to allow the gas company digs in my lawn. I believe my deed only indicates a shared driveway, not lawn.

One other option will be digging the driveway we share, if it this is the case, then do I have to allow it? Also if it is reasonble to request the gas company to completely resurface the driveway instead of refill the digged area.

Thanks in advance for any advice.

LM

**A: there is more to this and more that you need. Future repair, maintenance, access etc.

 

[justalayman]

so, why do they need to cross your lawn for 30 or 40 yards? Why cannot they come from the public ROW directly to the neighbors house without crossing your lawn?

 

[FarmerJ]

Looks like you may really have several things going on that are not that well related , gas co wants to install line across the front of your land , first off if theire is no current easement for other utils to be there then I would say your free to argue that any line installed must be located as close to the road as your local govt allows. as to blocking it , well maybe you can but I doubt it will be that much work for gas co to force it and win easement anyway since they would be able to show some public good with line being there , as far as actual digging in the yard yes they have to take reasonable steps to limit the damage to the yard, grass will re grow. Driveway you share with other home has no bearing on your own yard. If util co gets easement to come thru they will have to take reasonable steps when going under driveway , so ask if they can directional bore to go under it rather then thru the top. SO learn what you can from your city such as how close to the street the line can go and if utility co would have a fee to get line to your home now even if you dont connect vs doing it later on.

 

[154NH773]

FarmerJ and others have given you good advice.

I'd just like to reinforce the idea that the utility may already have an easement across your property. When my utility wrote the easement to provide electricity to my property, they worded it so that they could basically go anywhere on my property, including service to others. I rewrote it so that they can only go on my property to service my utilities.

Search the easement they may currently have. If they cannot provide any existing easement, then they have no right to cross your property, and a court wouldn't grant that right if there is a reasonable alternate route.

You do not have to grant a free easement to the utility or your neighbor, you could sell the easement right for whatever you think it is worth, and they are willing to pay.

As to the driveway, that's a whole different problem. As you've been told, you will have to research the rights and obligations each of you have on that property. Do easements exist for one, or both, of you? Who owns the driveway property? Slight differences in easement language can greatly affect what may be done by either party, and court cases may have expanded certain wording to include things not stated (like utilities).

If they have a right to cross the driveway, it may be unreasonable to require them to re-pave the entire driveway when a patch would do. Take photos of the driveway NOW, so you can compare the finished job (if it is done) to hold them accountable for any additional finishing work you feel is necessary.

By the way, you might want to install the gas lines to your house. Natural gas is a mostly domestic source of clean(er) energy and the installation may increase the value of your house.

 

[nextwife]

Poster,, have you reviewed your title policy to SEE if there is an easement already of record against title? It need not be on the vesting deed to be valid, only in the chain of title.