Legal Question in Real Estate Law in Maryland

Can a utility company, such as a gas company, come onto your property without consent and shut off the gas?

The bill was overdue. Company sent out an employee who walked to the back of the house, pushed open the gate upon finding it was unlocked, and turned off the gas. No one was home to give him the OK to walk into the backyard. He left without putting a notice on the door of the action. I called the company about this and they claim they have the right to do that since the gas valve is their property. If this was illegal, please state the law against it.


Asked on 8/24/10, 10:53 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If you want a lawyer to help you with the specific facts of your matter, that lawyer will have to review your contract with the utility company. Generally, those contracts (and the law provides) a utility easement to gas companies to come on your property to maintain, repair, or replace lines, meters, etc. If the meter is in the backyard, they have the right to enter the backyard, without damaging anything, to deal with the meter. If they ruin the grass or cause some other property damage, the gas company is liable (and are usually pretty good about) replacing the damage.

Even if the gas company had no right to enter your property, the real issue would be "what are your damages"? In order to successfully sue someone in Court, you have to be able to SPECIFY damages. How were you hurt? You admit that you didn't pay your gas bill. What duty does the gas company have to continue to provide you with gas if you don't pay -- none that I can see.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 8/29/10, 1:05 pm


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