If a homeowner disagrees with a utility company digging up their garden due to easement claims, how is the easement viewed?

The correct answer highlights that an easement in gross is considered valid even if the homeowner was unaware of its existence at the time of purchase. Easements in gross pertain to the rights of the easement holder (in this case, the utility company) to use the property for specific purposes, such as laying utility lines. The validity of such an easement does not hinge on the property owner's knowledge or consent; it is a legal right that can exist independently of the ownership of the land.

In real estate, easements can exist that allow certain entities, like utility companies, to access or use private property for essential services. It is not uncommon for homeowners to be unaware of these easements, especially if they were established prior to their acquisition of the property. The law generally upholds the principle that easements are enforceable regardless of the property owner's awareness of them. This understanding is fundamental for homeowners to recognize that the rights of utility companies, when permitted legally, can take precedence in matters concerning access for maintenance or installation of services.