If the gas company cleared an area on my property foran easement, who is responsible for injuriesto dirt bikers that now come through?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the gas company cleared an area on my property foran easement, who is responsible for injuriesto dirt bikers that now come through?
The gas company cleared a swath of woods that is on our property and goes through one of our farmed fields on an easement that they had. Now dirt bike and quad riders are coming down the cleared swath right through our property. They are entering our property from an adjacent property and leaving our property to an adjacent property. Two of us use part of the property of that the easement is on for income producing fields. Who is liable if these unauthorized users (dirt bike and quad riders) get hurt? Can we get the gas company to reimburse us for income loss because of the access they provided for the riders?
Asked on January 14, 2011 under Real Estate Law, New Jersey
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Well if the gas company has an easement, do you have any contract you signed with the gas company regarding said easement and the improvements to it thereof? You may need to get an attorney on this one and a) take care of your rights to the issue of trespassers but more importantly b) if the easement is still part of your property (i.e., backed up by official survey and plat map), you may need to post no trespassing signs regarding such use and indicate the easement is not a public easement but an easement for the gas company. Bottom line, you will most likely need to get legal help to support your rights because even if you call or contact the state or city prosecutor's office, that office may not necessarily represent you and therefore may not have your best interest at heart.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.