Pompton Plains, NJ asked in Real Estate Law for New Jersey

Q: My town allowed a religious group to take trees down on my property w/out my consent and installed 12' metal pole

A religious group convinced my town to allow them to install a "religious boundary" in my town. The plan was to use the existing utility poles for their markers. we don't have plots on my street so the town gave them full access to the 5' utility easement on my front lawn and they came w/ tree trimming trucks and pruned and removed several mature trees. Then, they dug a deep hole and placed a 12' tall black metal pole in the hole and filled it in w/ cement rendering it permanent. This was all done w/out my consent when I was not at home. What are my rights? Isn't the "utility easement" for utilities only?

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1 Lawyer Answer
Jay Schmerler
Jay Schmerler
  • Eatontown, NJ
  • Licensed in New Jersey

A: Your situation is fact sensitive and cannot be easily answered based on your post. Is there anything in writing from the town authorizing this? Typically the landowner grants easement rights to a utility and it is just that utility that has the rights, in a limited way, to use the property.Unless the town has some easement right, I don't see where the town can authorize any use of your property. You need to meet with an attorney and go over all this. A survey and pictures will help him/her. What the town actually authorized and by what authority must be investigated.

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