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?

Related Topics:
1 Lawyer Answer
Jay Schmerler
Jay Schmerler
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.