Why is it legal for strangers to spray paint my lawn?

In My Humble Opinion
1

Over the past few days, several men working for the US Infrastructure Company have been walking around our street, locating underground utilities (water, power, cable, etc.), and marking their locations with spray paint of different colors on the street, and on the lawns of virtually every house in the neighborhood. Ergo, they have been trespassing on our property.

When I asked, they said they were working for AT&T, which is apparently about to install fiber optic cable through the neighborhood. Now, being as I’m not thrilled with the service I get with Comcast/Xfinity, and would be happy for them to have some competition, this is not unwelcome.

And yet, we have had no communication from AT&T to this effect, and it is somewhat offensive to have people trespassing and defacing your property without any notice given or permission asked, to say nothing of the potential disruption that the cable boring process will eventually cause.

However, I presume it must be legal, and that I probably couldn’t stop it, even if I wanted (which I don’t). But by what right can AT&T, or any other company, come along and decide to trespass on, deface, and tear up people’s private property in the name of providing a service that the property owner(s) didn’t explicitly request? Is it something like eminent domain?

And is it always done in such a high-handed manner, without notice, or are they sometimes more polite and transparent about what they’re doing? Twice before I’ve had fiber optic (FIOS) added to a house I lived in. The first time was in a condo development, and Verizon asked us if we wanted it, and we agreed. In my next house, in an older neighborhood, the cable was installed on telephone poles along the street, and had no impact on our lawn.

So this is new to me, and frankly it’s annoying that they can just to this, even if it’s to provide a service I might want. If anyone can tell me about the legalities of it, I’d be grateful. (I’m in Georgia, BTW.)

2

It’s quite possible/likely/probable that they have a utility easement:

3

If AT&T already has lines on your street, and they’re merely upgrading their infrastructure, they almost certainly have an easement that allows them to access their stuff and do necessary temporary work on your property whether you like it or not. It’s courteous to give notice so people know what’s going on, especially if it involves access into semi-private areas like fenced back yards, but they don’t need and presumably won’t seek permission; it’s your private property, but it’s just a little bit theirs too.

4

Doesn’t your deed have various rights-of-way for all these utility companies? Mine does. I assume that’s what gives them the right, including the right to delegate.

The paint isn’t a herbicide, it will fade over time. If they actually dig, they have to put it back as close as reasonably possible to what it was before.

This actually happened in Georgia when we lived there (unincorporated Gwinnett County, now incorporated as Peachtree Corners). Some neighbors were not satisfied with them just seeding the dug up areas. They came back and laid down tiny patches of sod, that IMO looked worse.

5

Oops! Ninjaed by someone using the right terminology even (easement vs right of way)

6

It’s still rather odd (and rude) that they didn’t send out a mailing informing the neighborhood what they planned to do and approximately when.

My town does work that affects residents, like flushing the fire hydrants (all the water to affected homes will be full of rust for a day) and repaving streets. (Roads will be closed and access limited.) And of course they don’t have to ask the permission of residents, but they tell us.

7

If you own the house you were notified about any easements, and agreed to their terms when you purchased the house.

8

Since this is about legal issues, let’s move it from GQ to IMHO.

9

I assume you know exactly where your land ends and the public land starts. I was 15 before I learned that the last 3-4 feet along the street of my parent’s property didn’t actually belong to them, as the local government could come through and put in a sidewalk, if they so pleased.

A friend of ours recently had work done at home. He called up the local “call before you dig” number and someone came out and marked everything. The contractor still hit the gas line which meant evacuation of the neighborhood and related fun. :frowning: I’d much rather have some harmless marking than have consequences.

I am surprised there wasn’t any information forthcoming. Here they do work at night on the rail line and everyone who is a kilometer from the track gets a notification in the mail.

10

Thanks, all. I’m familiar with the concept of easements, but I was thinking of them as areas than no one owns through which utilities pass. There’s one right behind our house, where I noticed that AT&T was installing new equipment a few weeks ago. I wasn’t thinking of easements as being within our own property, but that makes sense.

To be clear, I’m not concerned about “damage” from the paint or even the boring. It’s just an affront to have all this happening with no notice. I think they would have been better off to send out mailers saying that they’re bringing us great new service, and look for the workers, rather than to mark up the neighborhood without any warning.

Another annoying point was that 811 service, which tracks utility work, had no information about this project.

11

They’re marking utility lines with lead free paint not leaving gang tags on your house. So while it may be noticeable and unexpected to say they have defaced your lawn sounds like an overreaction to a mundane activity.

12

It’s a literal “Get off my lawn!” situation.

13

If it makes you feel better, you’re getting off easy. I had city workers tear down my fence to make room a sidewalk. (Admittedly needed one for safety reasons)

It sucks though because one wall of my fence doesn’t match the rest. A bit of an eye sore.

14

The OP has been answered, so I’ll just mention that a friend of mine who lives in an upscale area near Pittsburgh came home one day to find “gang tags” spray painted on his exterior brick wall.

He notified the police and they sent a team of gang-specialists who looked, took pics, and speculated on which gang was responsible and exactly what the various symbols/letters meant. They investigated his background (he’s an attorney, but not criminal attorney) and suggested he not remove the symbols, lest there be retribution.

He was on pins & needles, even considered purchasing a gun. Eventually his 8 year old honor-student son confessed. He’d been reading about gangs, got hold of some spray paint, and gave it a go.

15

Is your understanding of how this service works correct ?

I’m not familiar with it, but it looks like it’s for a homeowner to call before the homeowner does any digging or allows a contractor to do any digging:

https://call811.com/Start-Here/Homeowners

It looks like it’s a way for a homeowner to trigger the utility companies to come out and mark the property to prevent harm to the utilities before the homeowner or their contractor digs.

If my understanding is correct, then I’m not sure they’d necessarily have information about a utility company’s plans to dig in your area.

16

Perhaps you’re right. I knew nothing about 811 before I called the other day, but the phone tree had an option for homeowners and another for contractors. I got the impression from talking to them that they are a kind of clearing house for this sort of work, but maybe I’m wrong.

17

The gas company had to rerun my gas line and install a new meter, and they literally dug up a shrub to do it. They did warn me, and schedule it, though. It’s not as if i came home to find mayhem.

I do think it’s odd your neighborhood didn’t get a mass mailing about the work in advance of the workers showing up

18

In our neighborhood they mailed notices, hung door flyers, had lawn signs the size of election signs, and small six inch flagging like utility flags. I would have been surprised if I had gotten no notice at all.

19

811 is for everyone, contractors as well as homeowners, Most contractors use the internet service, but (depending on your state) a locate ticket is required before work being done in the field.

20

A friend of mine had a success story: He had, and still has, a mature Monkey Puzzle tree and a mature Norfolk Island Pine tree on his lawn. One day the power company notified him they had to remove the trees because there was some kind of utility vault under his lawn and the roots were threatening it.

So friend fought them on that. He went to the city council and convinced them to declare the trees to be “Heritage” sites.

That was years ago. The trees are still there to this day. I don’t know how the utility vault fared.