Fixing a Hole
WHAT UTILITY EASEMENTS MEAN FOR HOMEOWNERS
As a homeowner, you may have woken up one morning to find strangers in construction helmets digging up your yard. Whether they’re with the water, electric, or some other utility company, they probably acted like they owned the place and didn’t ask for your permission. You may wonder why they don’t need to seek your consent before breaking ground — and what your rights are if they damage your property. Utility easements give companies the right to access the pipes and cables buried in your yard. The homeowner retains legal ownership and rights to the property, but utilities can borrow it as needed for repairs, maintenance, and installations. Under a utility easement, the company may notify you before beginning work, but doing so
is a courtesy. They also have the right to arrive unannounced.
much as possible. Further, while laws vary by state, utility companies can also be held liable for any damages to your property. In the event of damage, you should notify the responsible company immediately. Ideally, they will schedule a time to repair your property or send you a check to cover the damage. But many homeowners find it takes a nudge or two before the utility company acts. Be sure to follow up; this is a case where the squeaky wheel gets the grease. In rarer cases, the utility company may deny the damage or refuse to pay for it. If that happens, you should contact the state agency that supervises public utilities and file a complaint. You also have the right to sue the utility company for damages after you’ve exhausted other options. If you must go this route, consult with a lawyer who has handled this type of case before.
While it’s inconvenient for homeowners, utility easements benefit society. Imagine, for example, if a homeowner refused to allow the electric company to fix a downed power line in front of their house. A single neighbor could also prevent projects that would benefit the entire community. Utility easements are a part of living in a modern society with all its conveniences and amenities. But homeowners still have rights. Utility companies may have the right to dig a hole in your lawn, but they also have the responsibility to fill it back in. A utility easement allows the use of your property for specific functions, but it’s usually under the condition that the company restores it as
Will I Have to Go to Court? IT’S NOT AS SCARY AS YOU THINK
Most people who get hurt in car crashes or have children injured in day care accidents never need to stand before a judge. More than 70% of the cases we handle here at Kevin Patrick Law are settled out of court without a trial, which is easier for everyone! There is a difference between going to court and needing a trial. A court hearing involves standing before a judge, which is rare for a personal injury case. Meanwhile, a trial involves both a judge and a jury. As expected, a trial for an injury case is even more infrequent. While we always try to negotiate the best settlement possible without litigation, we sometimes face circumstances where clients may benefit more from a court judgment. These situations include:
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When an insurance company doesn’t offer an adequate settlement When an insurance company refuses to provide any form of compensation When an individual’s injury should be publicized so the defendant can be held responsible
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If your case does require a trial, our team will work diligently to make this process as easy and stress-free as possible. We always maintain respect with the opposing counsel since a professional relationship will often result in a smoother, more amicable settlement. We understand that going to court may feel intimidating. Legal procedures can be confusing and unnerving, but if you or a loved one has to stand before a judge, our team will be by your side the
whole time, fighting for your rightful compensation and deserved justice. If we think the other side didn’t offer you enough money, we will never shy away from taking your case to court.
If you or a loved one feel uneasy about going to court, contact us at
404.566.5880. With our experience and knowledge, we can determine whether or not the personal injury case would benefit from a court hearing or a trial.
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cellphone is 404.409.3160.)
2 • KEVINPATRICK.LAW I 404.566.5880
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