Re: Question i been wanting to ask on trespassing

Posted by Billy NY on December 23, 2011 at 08:24:59 from (67.248.100.3):

In Reply to: Question i been wanting to ask on trespassing posted by JOCCO on December 23, 2011 at 07:12:37:

They ask for permission around here, when a staging area is needed for a say a state road job. I've allowed it several times on our lot near the state road, but they asked permission. They were also generous with providing some thanks, via some loads of crushed stone, left the area clean and graded, of course the one outfit I know very well, another I did not, no real problems, they have to ask though, showing up without doing that is wrong.

Power company owns 175'-0" wide swath through our property, they installed a new high voltage circuit, clearing the land, poles, couple of big towers etc., drilling subcontractor working on the tower bases, and power company's own forces were both very generous, helpful etc. I laid out the access road to my liking, they brought in several hundred tons of crushed stone, drilling company allowed me use of a rental backhoe 420 D Cat for 6 weeks on weekends for allowing them to dump the tower base spoil on site, ( was next to an old embankment, perfect) Power company allowed me use of one of their rentals JD 650 dozer, I just cleaned up the lot and made more room with it. The line crew wrecked a culvert, sheared a 6x6 post off with my posted signage on it, kind of rude and crude kind of crew, well sort of, they work fast so little stuff gets overlooked, but the power company forestry sub, was absolutely great, not problem new and much bigger culvert pipe, installed 2 gates properly done too, Asplundh crew were the best, people can be polite and work together and its fine. I have to provide access to the power company, stated on the deed, however I could have been a real pain in the @ss, and this was a within the 150 buffer of a wetland, I know the DEC agent and gave her a good report on these guys, they never bothered them once, I could have easily done the opposite, and it would have been trouble for them.

Liability, I would think any contractor would need to have a hold harmless, indemnification clause in their policy, covering the landowner for the extent of their operations while on your land, they show up, besides trespassing, you could demand that I think, I did not here as it was not a big concern, however they should provide the landowner with a copy of the paperwork that shows additional insured, (you) if on your property.

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