Legal Question in Real Estate Law in New York

Re: Trespass by utility company

You have correctly pinpointed the nature of your claim: trespass to realty. Getting to the bottom of the case would require review of the state of title, particularly the location and terms and conditions of the utility easement. Your remedies would include damages (potentially including punitive damages) and an injunction against future entry, the violation of which could lead to significant punishment. You also need to look into the state of mind of the utility company and their likely response. There are a number of possible approaches; you would need to engage counsel to get this done right.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.

Re: Trespass by utility company

THe first thing that you should do is to review the title report which your attorney may have from when you purchased the property. There may exist an easement which you may have known about at the time but not realized the hows and why's of it.

If you have no easement or right of way than clearly there is a trespass.

It appears clear that you should use the services of legal counsel in order to advise you of your property rights so that if the police are called they are properly called.

Feel free to contact this office to discuss this matter if you would like.

Good Luck

RRG