united-states property
Is it a bad idea to put a garden over a gas main?
<p>I put my garden within 100 feet of the gas main (the one that supplies gas to hundreds of houses), and now the gas company is concerned about where it is. Do they have a right to be if other trees have established themselves closer to the line for many years, and it's on the neighbors property, not ours? I did investigate with the neighbor who's a real estate agent before doing anything.</p>

<p>Since when does the gas company have any right to say what homeowners can and can't do on their own land as long as it doesn't interfere directly with the line (i.e. digging it up, or within a foot of it)?</p>

<p>We have no way of knowing when this happened, but it is probably a fact, recorded some time in the past. Utility companies very frequently obtain a right-of-way (easement) which gives them certain rights to your property. Typically, this happened a long time ago when a previous owner agreed. As for gas pipelines, that typically includes "don't plant trees" restrictions. The easement is usually recorded in the county office where deeds are filed. The legal basis is generally "because you agreed, or some previous owner agreed". You can get a copy of the easement to see if "no trees" is actually part of the agreement. If yes, no point in arguing, if not, you could hire a lawyer if they are demanding that they are threatening you. They are allowed to be concerned and to ask you to cut trees regardless, but if it's not required by the terms of the easement, you can say "No, I'd rather keep my tree".</p>
