When you buy something, you can do what you like with it—within reason. When it comes to our property, we might assume that “within reason” generally covers anything that doesn’t impact someone else’s property or safety, so when you get the urge to go digging around in the dirt, it’s no one’s business but ours. But whether you’re establishing a garden, trying to remember where you buried the ransom money, or launching a spectacular landscaping project, you shouldn’t just run out there and start digging. And, legally, you can’t. The reasons you should think twice about digging on your own property go beyond your local laws and involve your health, your safety, and your insurance premiums.
It’s harder than you think
First of all, digging is very hard physical labor. Sure, TV shows make it seem like digging a 6×6 hole in the ground to hide bodies is something one person can accomplish in a few sweaty hours, but the truth is very different. Just like shoveling snow, digging is a workout; in fact, digging a hole in your yard can be even harder than shoveling snow because your yard is not just a big cube of uniform dirt. It’s laced with roots, rocks, and man-made infrastructure (more on that below), which means you’re likely to hit something more challenging than mere dirt. You should learn about proper digging technique while also making sure you hydrate, wear protective gear (e.g., gloves and a breathing mask), and protect yourself from direct sunlight while you work.
You probably need a permit
Laws vary from area to area, but chances are really high that you’ll need to get a permit before you dig—even if you’re digging on your own property. Most local governments require digging permits for the same reasons they require permits for a lot of other projects. The permitting process not only alerts the local authorities that you’re doing work with the potential to impact the rest of the community, it also triggers the inspection process that ensures you’ve done the work to the correct standard.
Utility lines
One of the main reasons you shouldn’t just go digging on your property, though, is because of buried utilities. Gas lines, water lines, and even electrical lines may crisscross under your property, and if you hit one with your spade, auger, or other tool, you could cause a lot of damage, disruption, and even injury.
Just about every area of the country legally requires you to “call before you dig,” usually by calling 811 (or using an online equivalent). The utility companies will send out an inspector who will mark the location of utility lines with different paint colors so you can avoid them when you actually commence your digging project.
Even if you think you can get away without checking on this, you shouldn’t. Many utility lines are just a few feet underground, which makes them very easy to hit accidentally. If you flood your neighborhood or cause a gas leak, you might be held liable for damages, and if you failed to call 811 before digging, your own insurance probably won’t cover the claim.
Other buried stuff
It’s not just utility lines you have to worry about, either. At least when you call 811 those lines get marked for you—there can be a lot of stuff under the ground on your property that you may or may not be aware of, like:
If you aren’t the original owner of the property, you may not be aware of old stuff like this, especially if the home was switched to community sewer or went from oil to gas heat at some point. You can try to do some research to find out what might be out there, but regardless, you should proceed with caution and never assume you’re just digging into dirt.
Another potential danger you might encounter when digging on your property is pet graves. Laws vary, but people often bury beloved pets on their property, but over time, grave markers can get washed away, leaving you to stumble on a gruesome surprise. Few people will disclose a pet cemetery on their property, so if you’re not the original owner, you should take the possibility into account before you break ground.
Shifting and subsidence
Finally, digging always carries a risk of ground shifting or subsidence. If you’re digging a hole that’s deep enough to stand in, you’re digging a hole that might collapse and entomb you. Again, the movies make digging deep holes look stable and straightforward, but the fact is you have no idea how the ground on your property will react to having a large portion of it removed.
