Legal Question in Real Estate Law in California

There actually is a concept of "right to trespass" in the law. A case we study in law school involves a storm on Lake Superior. A freighter, threatened with sinking, ties up at a dock in Duluth that isn't its. The dock sustains moderate damage due to the ship's movements while tied up to it. Dock owner sues for trespass -- and loses.

In your case, most likely theory doesn't rely upon any "authority th trespass," however. The gas company undoubtedly has an easement to place its pipes where they are, and that would include a right to enter your property and dig holes to perform maintenance and repair. Even if the gas company hadn't been granted an express easement in writing, it would very likely have acquired an easement by prescription. However, most utility companties don't rely upon prescriptive easements, and will not extend their facilities (wires, pipes, etc.) unless and until they have been granted access to the property in writing.

If you carefuly check your deed, title insurance, any map or plat of your subdivision, and other similar instruments, you will probably find an easement granted to or reserved in favor of utilities in general or the gas company in particular.

If the digging was not done with reasonable care in relation to the nature of the work done, you may have a potential lawsuit for "overburden of the easement" or aomething with a different name reflecting abuse of the privileges granted by the easement, but I doubt that there has been a trespass or that the gas company was doing anything unlawful per se by digging into your property.

I wouldn't be surprised at all if the gas company has an express easement to come onto your property to perform maintenance and repair. You certainly wouldn't want an unrepaired gas leak on your property, which could lead to fire or explosion.

You should contact the gas company to see if they are willing to fix the landscaping. Many utility companies will do this, after they have made a repair, to restore the property.

I agree with Mr. Roach that it is all but certain that the gas company has an easement that was granted to allow them to install and then maintain their line on your property. It was probably granted way back whenever your housing development was subdivided, if not before. That gives them the right to come onto and dig up your property. It does NOT, however, give them the right to tear up your yard and just leave it. If they have to dig up your yard, they are obligated to put it back in a condition reasonably similar to the way they found it. If they are not yet done with the work, chances are that they intend to put things back mostly the way they were. It would probably be a good idea, however, to contact the utility now and make sure you and their crew are on the same page as to what will be adequate restoration. If they are done and have just walked away leaving your yard a mess and landscaping destroyed, then you need to file a complaint with the company and demand they come back and fix it.

That you are a tenant and not the owner might cause a minor distinction in that above opinions; you should get the landlord to also complain, as it is not really your landscaping probably. The gas company is not likely to make a fuss that you are a tenant and not an owner. You should find out why they did the digging, as if it was because of a gas leak you want to see if they found it and whether there may be a gas leak elsewhere.

It's called an easement, and is in the title chain of every property with utility service.