Looking for advice- property damage

[SerenityNow]

We have a wood fenced back yard and the cable box and mid American box are inside our fence. Saw mediacom and mid American flags in our back yard earlier this week, which isn't surprising since a house is being built on the lot next us, so didn't think much of it. Was outside this afternoon, and took a look around the side of our garage to see how big the drifts were (our fence gate is back there, too.) What I saw made me livid. The section of fence next to our gate was torn off and lying in the adjacent lot.

whoever put the flags in, instead of trying to go thru the gate (I'm sure it was stuck from the snow) or climbing the fence, or god forbid giving me a call to ask to get in the back yard, tore off the fence panel for access.

Don't know if it's mediacom or mid American, or if it's the company they contract with, but what sort of recourse do I have against the perpetrator of the property damage? Or do I even have any?

 

[3TrueFans]

I assume you would, but you'd have to be able to know who actually did it, no?

 

[SerenityNow]

I assume you would, but you'd have to be able to know who actually did it, no?

yeah, figured I'd contact both utilities and see what their response is. It's unbelievable to me someone would do that.

 

[chuckd4735]

If the fence is located on a public utility easement, you may not have recourse. However, still a shady move by the utility company.

 

[acody]

We have a wood fenced back yard and the cable box and mid American box are inside our fence. Saw mediacom and mid American flags in our back yard earlier this week, which isn't surprising since a house is being built on the lot next us, so didn't think much of it. Was outside this afternoon, and took a look around the side of our garage to see how big the drifts were (our fence gate is back there, too.) What I saw made me livid. The section of fence next to our gate was torn off and lying in the adjacent lot.

whoever put the flags in, instead of trying to go thru the gate (I'm sure it was stuck from the snow) or climbing the fence, or god forbid giving me a call to ask to get in the back yard, tore off the fence panel for access.

Don't know if it's mediacom or mid American, or if it's the company they contract with, but what sort of recourse do I have against the perpetrator of the property damage? Or do I even have any?

 

[SerenityNow]

If the fence is located on a public utility easement, you may not have recourse. However, still a shady move by the utility company.

It is all within my property line.

 

[NebrClone]

It depends on the easements. Was the damaged fence on the easement?

 

[Wesley]

It is all within my property line.

My guess is power company, not dumb mediacom.

 

[chuckd4735]

It is all within my property line.

Yeah, but most subdivisions have a 10-15' public utility easement from the rear and/or side property lines. Its your property, yes, but the utilities own the easement.

 

[fwiw]

It was probably a contractor that was doing the locates.

Since you mentioned that the boxes are inside your fence, chances are the fence is in an easement, meaning it can be moved/removed if there's work going on in the easement (even within your property lines). However since they were just doing locates, I would argue that's unnecessary damage ... call Iowa One Call and find out who did the work and mention that there was damage to your property.

 

[Covenant Clone]

It is all within my property line.

It may not matter...most developments have 5-10' side yard setbacks. Fences typically go right on or close to the property line but that setback are is an easement which utility companies can use for anything they need to. Definitely still make some calls and see what they say but be prepared to get some bad news.

 

[Wesley]

I know they have to bury the power line to the new house and they probably dug through the fence area. Lucky for me my power easement is on neighboring property behind my cedar fence for the new houses behind me.

 

[SerenityNow]

It was probably a contractor that was doing the locates.

Since you mentioned that the boxes are inside your fence, chances are the fence is in an easement, meaning it can be moved/removed if there's work going on in the easement. However since they were just doing locates, I would argue that's unnecessary damage ... call Iowa One Iowa One Calland find out who did the work and mention that there was damage to your property.

Never thought of one call...thanks for the reminder.

And I didn't realize easement was also around the side and rear (this was the side, edge of my lot)... I always thought it was the ground the other side of the sidewalk only.

 

[acody]

Take photos and contact both. Ask for the process to file a property damage claim. It's also covered under your homeowners policy subject to a deductible of course. Surprised they are placing flags to apparently dig in frozen ground.

 

[KezClone]

About 10-11 years ago, I was renting a place in Boone and had my wife's car parked behind the alleyway garage. Went back there to find the entire rear window smashed and the trunk lid dented. I looked up to see recent cable hardware installed on a utility pole next to the car. (It was cable, not power, I found out later.)

Managed to track someone down at the cable company that admitted they had an independent contractor working in that area that day. THEY called the contractor, he admitted the accident, and they sent me a check for $1500 within 10 business days.

Totally blew my mind they actually admitted guilt and paid up, PROMPTLY.

 

[chuckd4735]

Never thought of one call...thanks for the reminder.

And I didn't realize easement was also around the side and rear (this was the side, edge of my lot)... I always thought it was the ground the other side of the sidewalk only.

Check out your abstract if you have it handy. The plat should show the easement (if there is one), and there should be an easement document as well outlining the conditions.

 

[Cyfan4good]

I'd call them both and see which one is planning work there. Tell them about the damage at the same time it was flagged and that you expect the damage to be taken care of. The sooner you let them know what happened the better. Keep notes on who you talked to and when.
I've had some pipeline easement repair work done on my property over the years. The louder I talk and the more people i talk to with the company, the bigger the damage check is when they're all done.

 

[ExCyment]

Where I live, you can't put a fence around the utility boxes, you have to allow access outside of your fenced area. It makes for some ugly fences with small areas boxed inwards around the utilities. Perhaps that is the case in your area and they are technically in the right.

 

[Clonehomer]

From my experience, the easement only requires that you must allow utility companies to use that area. In this case, you would have to grant access to your backyard. If the utility company feels that your fence is in their way it is your responsibility to take care of that. The utility company should not be the ones to modify that fence.

If that were our yard and our dog would have gotten loose I may have taken legal action.

 

[MNCYWX]

Is there actual damage if the section is put back? Are they done working? If not, perhaps it will be put back up upon completion. One would think that wouldn't be too hard to put it back up.