Utility Company Dug Hole and Destroyed Fence

[jensineariel]

Last summer a utility company dug a hole in my yard, and destroyed a large section of fencing. After long debates with their "contractor" and claims department, I was told to get an estimate of my own. After sending them an estimate at an extremely fair price, they claimed they would only cover 50% of the cost, which is the depreciated value - according to them.

I have several photos of the damage done, and pieces of my fence they destroyed as well. It was not a brand new fence, but it was a fully standing privacy fence. It was not leaning or decaying in any way. Can I really be exepected to pay for half of the repairs to the damage they caused? Would this be something I could take to small claims and win?

[LandSurveyor]

If your fence was on their easement, it may have been an impediment to their rights.

We won't know that until we see the easement documentation.

It is possible that they will not be required to compensate you at all. Some easement agreements might require the servient tenement (you) to bear the cost of removal of impediments and obstructions which you have placed or you own.

Not trying to disagree with you but only to point out that easement agreements can vary widely and they have to be read to be understood. Ask the utility to provide you with written confirmation of their easement, and ask them in writing.