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  1. #1
    Join Date
    Oct 2019

    Default Utility Claims Total Usage of My Property

    My question involves personal property located in the State of: Arkansas

    My lot is a 1/4 acre square. The front/streetside has a 20' utility easement on it and the rear/back has a 20' utility easement.

    Recently, utility contractors drove through both sides of my yard from the street, damaging my yard.

    They worked in the rear of the property, damaging it there, too.

    My concern isn't with the damage; it is with the contractors trying to tell me they have the right to drive extremely heavy machinery down both sides of my house without permission.

    The easements only exist on the rear and front - and no easement exists to allow them to use my property.

    There is no right of way on record. My yard is just two strips of 12' lawn on both sides of my house.

    How is this not trespassing?

    There is also an easement on the property behind mine, running parallel to the easement in my yard.

  2. #2
    Join Date
    Jul 2018

    Default Re: Utility Claims Total Usage of My Property

    Without having read the relevant documents -- something that is absolutely necessary to a proper analysis of the situation -- I would imagine that, at a minimum, a court would imply an easement or license for the purpose of accessing the easement at the rear of your property. Consult with a local attorney.

  3. #3
    Join Date
    Oct 2019

    Default Re: Utility Claims Total Usage of My Property

    Thanks. I will, of course, go to an attorney. The contractors used my yard to anchor the boring machine because I don't have lateral side fences in front of my house to stop them. They contradicted themselves all the way up the chain of command for both the contractor and utility company. They obtained permission for almost all the other neighbors in the area; some homeowners told them 'no' flatly and the utility company didn't cross their yards to access the easement. P.S. It's gonig to be interesting. I'm going to an attorney for future reference and not to litigate or demand damages.

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