If the gas company cleared an area on my property foran easement, who is responsible for injuriesto dirt bikers that now come through?

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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 10 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.


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