PDA

View Full Version : Severe Weather threatens backyard hole... Oklahoma


mcr285
02-23-2007, 06:44 AM
Okay, I posted yesterday about the cable company putting a hole in my backyard. First, I think I may have been unclear about a few things. WE didn't call the cable company to come out, they came to us and said they needed to work on the main line. I don't have a problem with that at all. They dug a hole that is 3 1/2 feet wide, 1 1/2 feet across, and 3 feet deep. I don't have a problem with that either - it's what they have to do, I understand that.
The problem is that they dug this hole and then left it there for two weeks (and one day now, but who's counting?). Nobody at the cable company ever seemed to know what was happening with it, except that every single time we called, "there was a new work order put in just today and somebody was scheduled to come out."
Now we're expecting severe storms this weekend. All the rain could potentially wash away the dirt that is supposed to fill the hole back in. Am I within my rights to fill the hole in myself in order to preserve my yard, protect my family, and the rest of the block (hey, we're expecting hail which could damage the exposed cable line)???
I've googled everything I can possibly think of and can't find anything that defines easement rules in Oklahoma. Does anyone know?

demartian
02-23-2007, 06:51 AM
You are not responsible for their "cable line", however, if there is a mound of exposed dirt, they were probably supposed to cover it with a tarp to keep it from washing away (that's an EPA requirement).

Easements are really sketchy, sorry, I've had my own issues with a drainage easement on my yard, the laws just don't seem to outline the rules in most cases. Your only hope for information is in your deed (although mine is vague). Basically, it's usually written as if they can do what they want at any time. What does your deed say?

mommyof4
02-23-2007, 07:05 AM
This probably won't help you, but when I was in NC, I had a similar issue with a utility company. They dug a trench from the very back of my back yard all the way to the street in front of my house. Okay, I get that they had the right and need to do the work, but that did not explain why they destroyed my yard (and I mean DESTROYED a yard that we had put 1,000s of dollars into. I called and raised holy he** and the company did pay to repair and reseed my yard. It took about 6 weeks to get them to do anything, but after everybody and their dog coming to look at the damage, it was finally determined that the only way that much damage could have been done was through extreme carelessness, at best.

I suggest you call them again and tell them that they either get out there to get the work done or YOU are going to put the dirt back in and cover the hole. They have a right to do the work. They do NOT have the right to cause more damage than is absolutely necessary or the right to endanger your family. 2 weeks is more than enough time to do their job.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements