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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118789
Experience:  Attorney experienced in commercial litigation.
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I was digging a hole in the back yard of my private residence

Customer Question

I was digging a hole in the back yard of my private residence to bury my deceased dog. The distance from the house is approx 100-150 feet. Because of the distance from the house I did not deem it necessary to ask the utility company to come out and check to see if it was OK to dig there. After digging about 5 inches I hit the top of the cap to the gas line. It said POUISINESS GAS DANGER. It was obviously unmarked, and I was not informed of its existence by the Realtor, Bank or Contractor prior to purchase in 2005. If I had know that the home was built directly on a gas line I would not have purchased it. Do I have any legal recourse involving this matter? The home is located in Catlettsburg, KY. 41129.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that even though the realtor or seller did not inform you of the presence (likely because they did not know either), that does not give you recourse legally now I am afraid.
Under KRS(###) ###-#### ***** persons engaging in any digging, no matter where, are supposed to call and notify the dig safe hotline and they are to come out and inspect to place markers of where utilities are located. Under all property there exists "utility easements" and they are sometimes marked but many times not marked on the deed map, but a utility easement exists as a matter of law.
So I am afraid that you would not have any recourse in this matter other than you could be sued or charged for digging without providing proper notice to 811 as required by the KY law.