Legal Question in Real Estate Law in Florida

Are there any restrictions or time limits on the amount of days a utility can work on my property?

What recourse (if any) do I have if a utility does not leave my property as they found it or simply does not fill holes or complete job. Any accountability at all re utility easement rights. Thank You


Asked on 9/22/10, 9:35 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

A utility has an absolute right to access their lines in an easment, and probably has the right to work on their lines whenever they need to work, as the work is likely to restore power or use to the community. This issue would be governed by police powers to protect the health, safety and welfare of the public and is not a high hurdle for the utility companies to say that days and days of work was necessary to complete the job. It is unlikely that utility workers are working at 3:00 am for instance, unless this is the only time available to do the job, or the project is urgent.

While utility companies have easments to access their lines and equipment, where the easement crosses or enters your property, they do have a duty to restore the easement to level, grassed area etc. In the event that you planted something, or built a structure in/on the easement, this is a different situation, as you are not permitted to interfere with the easement in this manner.

You should contact the customer service or repair center for whatever utility has damaged your property. They will send out a representative to look at the property and will likely fill/seed/sod where the ground was disturbed. If you have "before" photos to show the condition before the utility entering and disturbing the ground, this would be helpful to get it restored to the original condition.

Read more
Answered on 9/27/10, 10:46 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida