Tifalajoie's profile

Contributor

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1 Message

Sunday, June 21st, 2015 6:08 PM

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Please do not dig up my yard without my authorization

You are trespassing on my property and I will call the police and file a report! I noticed that AT&T spray painted my grass in orange and planning on digging up my yard to install cables; I do not have AT&T and I should not have to sacrifice my beautiful landscape for you to conduct business. Please contact me immediately and repair the grass that you spray painted immediately. You do not have my authorization to place cables in my yard, you do not have my authorization to dig up my yard! If you trespass on my property, I will call the police immediately and ask your employees to leave. [Per Guidelines:  Keep it Relevant and Appropriate].

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ACE - Expert

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27.7K Messages

9 years ago


@Tifalajoie wrote:

You are trespassing on my property and I will call the police and file a report! I noticed that AT&T spray painted my grass in orange and planning on digging up my yard to install cables; I do not have AT&T and I should not have to sacrifice my beautiful landscape for you to conduct business. Please contact me immediately and repair the grass that you spray painted immediately. You do not have my authorization to place cables in my yard, you do not have my authorization to dig up my yard! If you trespass on my property, I will call the police immediately and ask your employees to leave. [Per Guidelines:  Keep it Relevant and Appropriate].

 


This is a peer-to-peer forum.  The chances of anyone of any authority seeing this is pretty slim.

 

The first thing you should do is to check with your local township or city to inquire about 'utility easement'.  Most utilities have the authority to dig to install same but they are required to keep any inconvenience to a minimum.

 

If there are any damages (the paint they use is water soluble), then you can take that up with ATT or their authorized agents.

 

 

 

 

ACE - Professor

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2.5K Messages

9 years ago

I obviously do not know what your yard looks like, but the area in question could easily be an easement area. If that is the case then AT&T as well as any other utility, has the legal right to dig there.

ACE - Expert

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35K Messages

9 years ago

@Tifalajoie, normally any of that marking paint is not done by AT&T but is done by a utility locating service used by most, if not all, of the utilities in your area.

 

In any case, as was stated above, you probably should check your plat for utility easements at the county registrar's office before embarassing yourself by calling the police on someone who has the right to be working in an easement.

 

 

Professor

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3.9K Messages

9 years ago

Before one goes too far trying to take on city hall (or in this case, the phone company, since that is acting on authoirty)  it might be educational to google the news about a lady who phyusiucally tried to prevent the power company from installing a smart meter she did not want, onto her power pole.

Lets just say, calling the police did NOT have the outcome she expected.

ACE - Expert

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27.7K Messages

9 years ago


@Tigereyze209 wrote:

Before one goes too far trying to take on city hall (or in this case, the phone company, since that is acting on authority)  it might be educational to google the news about a lady who physically tried to prevent the power company from installing a smart meter she did not want, onto her power pole.

Lets just say, calling the police did NOT have the outcome she expected.


I didn't know people felt so strongly about smart meters!

Tutor

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3 Messages

9 years ago

In general a city has a right-of-way or easement that extends from the curb onto your property. The city and utilities are allowed to dig within the right-of-way as see fit. They do not need your authorization. City codes generally restrict what a property owner is allowed to place or plant within the right-of-way. If you choose to plant bushes you do so at your own risk. They have the right to dig them up. However the city code generally specifies that "the utility should return the right-of-way area that they disturb back to its original condition."

 

I aerated, seeded and fertilized two weeks ago. Lawn was looking great. Two days ago a private contractor (working for a utility) dug up my lawn and left a clay mess. The city suggested that I contact the utility. But it's my assertion that the city allows the utilities to dig so the city should ultimately be responsible for the damage.

Professor

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3.9K Messages

9 years ago

Alas, just about ALL goverment agencies have "imputed immunity" which means, even if they tottaly screw up and even admit their mistake, they can not be sued for it. OR, you can actually sue, but since they are judgement proof, "winning" is meaningless.

 

Generally, you win by having them tried in the court of public opinion, and have them shammed into doing the right theng, and making them whole.

 

A point to consider, all outfits who do contracting work are required to be bonded (an insurance polocy to cover costs if they do dammage) and there are ways to make claims against it.

 

I truly do hope you get your yard repaired, though to be honest, it is unlikly it will look as good as it did before being dug up.

Tutor

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3 Messages

9 years ago

I stayed on a chat line with an AT&T employee yesterday for roughly an hour trying to determine if AT&T was responsible for digging on our property. I don't mind if they dig, the City gives them that right, but they are required to leave the work area in the same condition that they found it. In other words they shouldn't have left a bare clay mess in my yard. The employee on the chat line was very helpful. At the end of the chat he told me that he had sent the issue to the "buried wire center" and they would investigate and determine if AT&T was responsible for damaging our yard. I figure that it will take them two or three days to get back to me if they get back to me at all. And in the end I know that they will deny responsibility and leave the mess in our yard as they and other utilities have for the past 50 years. But it's too late in the season to sow fescue so I'll fix it in the Spring. Life goes on.

 

Years ago I worked at a golf course. When repairing underground water lines beneath putting greens we had to remove the top layer of sod, dig and make the repairs, then replace the sod leaving the area perfectly smooth and seamless as if no work had been done at all. If I can do that on a putting green with grass only 1/4" tall without any special equipment then doing it on a lawn in 4" tall fescue should be a piece of cake ... and it is. But it's not going to happen if you don't care about the mess you leave and AT&T and their contractors don't care. If they did care it would be standard procedure to repair the area and none of us would be on this forum.

 

But I couldn't help but wonder how long it would take for AT&T to take my order to add Uverse TV to my Uverse computer and phone bundle. Actually I had done just that a few months earlier (but cancelled the order). It took them all of ten minutes to take my order and half of that was completed by their automated system. So they had no trouble taking our money in ten minutes but taking responsibility for the dig would take at least a few days. Funny how that works.

 

The only way to make sure they repair your lawn is to first check your city code. Mine states that "the utility should return the right-of-way area that they disturb back to its original condition." You can call your city policy analyst or contact your Department of Public Utilities to find out where to locate that piece of information in your city's code of ordinances. Second you have to be there with a camera when the contractor starts the work. You have to present them with a copy of the code. Then you have to start taking pictures ... and take pictures of everything ... the work area (before they dig), the trucks and the crew.  I took 220 photos when our city installed a sidewalk adjacent to our property. In the end if they screwed up I had evidence. All they had was the word of an inspector. But if you have evidence you can file a claim against both the utility and the city. In the end they may or may not have to pay for the damages but they'll have to jump through hoops (and lie) to avoid responsibility. I've been doing the same with our city and in the end it looks like they might actually take care of the problem I have with their sidewalk installation. But it would never happen if I had not taken photos. You really have to hold their feet to the fire if you want any results.

Tutor

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3 Messages

9 years ago

Well no more doubt about who was digging in our yard. AT&T apparently contracted G.A.C. Inc to run some fiber optic line. One of the large bare areas on our property line running into our neighbors yard has an access hatch installed flush to the grough with "AT&T" printed on it. It's too late in the season to make repairs so now we file a claim.

Contributor

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2 Messages

8 years ago

Same for me. AT&T has had flags in my yard since Dec. 4, 2015. I have decided not to let them dig in my yard. I am working with the City of Charlotte to prevent any easement they might have had. If it had been done in a reasonable lenght of time and they asked my permission it would have been different.

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