Call Us Now
Email Us Now
You’re sitting at home when you notice a maintenance worker in your front yard working on the power lines.
In this article, Student Associate Kayleigh Stebbins explains the rights and limitations of maintenance workers to cross private property. She also provides guidance on identifying when these boundaries are being overstepped and how to address it.
You’re frustrated and just want your privacy, wondering if there’s anything you can do to stop it. In most cases, the answer is: probably not. That’s because many utility workers have the legal right to be on your property under a contract known as an easement.
An easement is a legal right that allows someone else to use a portion of your property for a specific purpose, even though you still own the land. Easements are considered a non-possessory interest, meaning the easement holder doesn’t own the land, but they do have the right to use it for a designated purpose. The servient estate (that’s you—the landowner) must not unreasonably interfere with the easement holder’s rights. The dominant estate (the party benefiting from the easement—like the utility company) must use the easement only for its intended purpose.
One of the most common types is a utility easement, which grants utility companies the right to access your property to install, maintain, or repair infrastructure such as power lines, water and sewer pipes, gas lines, and internet or cable systems. These easements are typically established when a neighborhood is first developed and are recorded in public land records. Utility easements “run with the land,” meaning they remain in effect and transfer with the property, even when it is sold.
If a utility company holds a valid easement on your property, its workers are legally permitted to enter the designated area to carry out necessary work. This may include inspecting or repairing power lines, trimming trees that interfere with utility infrastructure, or upgrading equipment. However, their access is not unlimited. Workers must remain within the boundaries of the easement and are only authorized to perform tasks directly related to their utility services.
In cases where the easement’s purpose includes utility installation, it is recognized that such installations are allowed as long as they do not burden the property owner.
Can you build on a utility easement?
What if the area being used by the utility company is land where you want to build a fence or shed? As the servient landowner, you have the right to use and modify your property as long as your actions don’t unreasonably interfere with the utility company’s rights.
Utility easements typically grant companies the authority to install and maintain infrastructure such as telephone poles, pipelines, or underground cables. Any construction within the easement area must not obstruct or hinder the utility’s ability to access and use the easement for its intended purpose.
If you build a structure that materially interferes with the easement holder’s easement rights, the easement holder can typically require removal. Wisconsin courts have upheld this principle in cases like Hunter v. McDonald where the court found that any structure materially interfering with an easement could be ordered removed to preserve the easement holder’s rights. This reasoning extends to utility companies, which may enforce their easement rights by requiring the removal of obstructions that hinder access to or maintenance of their infrastructure. So, before building over an easement, it’s important to carefully consider how your project may affect utility access and operations
What to do if a utility company oversteps an Easement on your property?
Can you deny a utility company access to an easement?
If an easement is legally enforceable, denying access to maintenance works could lead to legal consequences. However, if you believe a utility worker is operating outside the designated easement area or exceeding the scope of their right, there are steps you can take to protect your property.
How to find your easement documents?
To understand your rights, start by reviewing the easement agreement. This document outlines the scope and limitations of the utility’s access. You can typically find it in
- Your title report or property deed
- The plat map for your subdivision
- Records from your county Register of Deeds office
In Dane County, for example, you can access these records online or by visiting the office in person. The Wisconsin Register of Deeds Association provides links to each county’s land records portal.
What to Do If a Utility Worker Oversteps Their Rights?
If you believe a utility worker is exceeding the boundaries of the easement:
- Document the activity: take photos or videos and keep a written log of what occurred, including dates and times.
- Request clarification: contact the utility company’s right-of-way or easement department to ask for documentation and an explanation of the work being done.
- Report the incident: if the issue persists, report it to your local utility office or file a complaint with the Public Service Commission of Wisconsin.
- Seeking legal advice: if necessary, consult a real estate attorney to review the easement and help you take legal action if your property rights are being violated.
If you believe a utility worker is overstepping their authority, please contact the legal professionals at West & Dunn online through our Contact Us page or by telephone at (608) 535-6420 for a free consultation.
