Fence in right of way-can it be replaced after crash

[Tony*]

What is the name of your state (only U.S. law)? Michigan
I purchased a property that has a fence around it. The fence has probably been in place for 30 years or so. Someone working for the local sewer authority was driving in front of my property when a trailer they were towing disconnected from the vehicle (no chains attached). The trailer collided with my fence in my front yard on one side of the driveway. There was a police report. The sewer authority took it upon them selves to settle the issue instead of using any auto insurance. The sewer authority is stating that the fence was in the right of way (I believe them that it is). The sewer was put in about 30 years ago. Due to the right of way (X feet from center of road) they are stating that they will not put it back where it was and they will not replace the tree the trailer took out. That means the fence on one side of the driveway won't be even with the fence on the other side of the driveway.

As the ones doing the repair, can the sewer authority insist that they won't put it back where it was?
If they can't match the fence style am I forced to accept a junky looking replacement fence that doesn't match?
Should their auto insurance be involved or is it ok for them to be doing the actual work?
Can the sewer authority prevent me from putting the fence back where it was?
Can the sewer authority force me to move the other fence still in the right of way?

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan
I purchased a property that has a fence around it. The fence has probably been in place for 30 years or so. Someone working for the local sewer authority was driving in front of my property when a trailer they were towing disconnected from the vehicle (no chains attached). The trailer collided with my fence in my front yard on one side of the driveway. There was a police report. The sewer authority took it upon them selves to settle the issue instead of using any auto insurance. The sewer authority is stating that the fence was in the right of way (I believe them that it is). The sewer was put in about 30 years ago. Due to the right of way (X feet from center of road) they are stating that they will not put it back where it was and they will not replace the tree the trailer took out. That means the fence on one side of the driveway won't be even with the fence on the other side of the driveway.

As the ones doing the repair, can the sewer authority insist that they won't put it back where it was?
If they can't match the fence style am I forced to accept a junky looking replacement fence that doesn't match?
Should their auto insurance be involved or is it ok for them to be doing the actual work?
Can the sewer authority prevent me from putting the fence back where it was?
Can the sewer authority force me to move the other fence still in the right of way?

You do not have to accept a junky looking replacement that doesn't match. However, since what they will be putting in is new, its not likely to exactly match your existing fence. Its likely to look newer.

As far as where the fence was originally located? You are going to need someone local to answer those questions. However, bare in mind that if they have to do future work on the easement for sewer repair or replacement, then your fence would have to come down for that to be done...which is probably why they refuse to replace the tree...and perhaps why they do not want to replace that part of the fence.

Consult with a local real estate attorney.

 

[justalayman]

As the ones doing the repair, can the sewer authority insist that they won't put it back where it was?

Well sure they can. They could also paint it pink and put purple polka dots on it, unless of course you physically stopped them. If you do not agree with their placement you can sue them to seek the court to direct them to put it where you want it. If then gets into whether you have a legal right to insist the fence be placed where it was...you don't. You have no right to build a fence within a actively used right of way.

If they can't match the fence style am I forced to accept a junky looking replacement fence that doesn't match?

they must replace it with a similar style of fence. If it cannot be matched identically they are not going to have to replace the entire fence to make it all match.

Should their auto insurance be involved or is it ok for them to be doing the actual work?

their auto insurance wouldn't be involved anyway but the municipality's liability insurance carrier but no, they don't have to involve their insurance provider. They have no legal right to do the work if you don't want them to do it. They owe you for the damages they cause I.e. The value of what they damaged.

Can the sewer authority prevent me from putting the fence back where it was?

no but if you need a permit to install a fence, you can be denied a permit to put it in the ROW. In addition the municipality can require you to remove it from the ROW if you install it within the ROW.

Can the sewer authority force me to move the other fence still in the right of way?

no but the municipality can.

 

[FarmerJ]

the tree was how far back from the supposed set back area?