Legal Question in Real Estate Law in California

Re: Property owners rights/responsibilities regarding utility easement

Several questions in one.

First, as to liability for injury while working on your property. If they are utility workers or the utility's contractor's workers, using a utility easement (and even adjoining parts of your property that aren't part of the easement), I would think your duty toward them (in avoiding negligence) would be to warn of known hazards, such as hidden wires, septic tank openings, unusual unstable ground, dangerous dogs, etc. I would say there's little chance of you being held liable for conditions you did not know or suspect, or for accidents caused by the way they do the work, as opposed to site conditions.

Your homeowner's policy should cover you, but I would suggest checking with your insurance agent to be sure.

I don't know the answer to the question as to whether the owner of the servient estate (you) has the right to insist that workers employed by or under contract to the owner of the dominant estate (the utility) be bonded and insured. My guess is that you don't have that right, and that whom they hire is up to the easement holder.

Is there an agreement that will protect your property in case of injury? Well, if the employer of the persons working on your property were to sign an indemnity, backed by lots of money, property, sureties or insurance, that would be the ideal situation. However, I doubt anyone will indemnify you, inasmuch as the persons benefitted by the easement don't need any further permission to use it, nor can you impose conditions such as requiring indemnification. Your best bet is to carry adequate insurance of your own. However, I repeat, so long as you warn of any unusual dangerous conditions of which you are aware, your liability exposure is very slight.

You probably have to let the new lines be run along the easement. That's what it's for, and if the easement is valid, the easement owner(s) (various utility providers) can use it for normal utility purposes without further permission, discussion, negotiation or imposition of conditions.