Legal Question in Real Estate Law in Alabama

I am a property owner inside the city limits of a small town in Alabama. My problem is there has been 2 separate instances where a city worker has caused damage to my property. The first instance was driving up onto my driveway with a large city truck and the weight caused my concrete to sink in. The second instance is I had just installed new landscaping around my mailbox but leaving enough room for the mail carrier to deliver the mail but nonetheless they damage all the landscape and even left tracks in my yard. This may seem petty but I have had my home listed on the market going on 2 years and have made the landscaping upgrades to bring in buyers and I can't keep putting money into this place if the city just has the right to damage it. I do know about easements and some real estate law where they have the right to enter the property to conduct official city business but my question is do they have the right to damage it then expect me to just be out of pocket once again on the repairs holding no responsibility of their own? Thanks, Concerned in Alabama


Asked on 3/29/10, 7:47 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

The city workers probably are only on the city's easement onto your property. They only have a duty to not cause unreasonable damage. If you put landscaping on an easement, you can't complain if they dig up your flowers for some purpose reasonably connected to the use of the easement.

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Answered on 4/04/10, 6:09 am


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