Is it legal to put fence on an easement?
In most cases, you can build a fence on an easement that runs through your property. However, the dominant estate (for example, the utility company) may need to take down the portion of the fence that runs over the easement for a certain activity, such as repairing the sewer main. They are allowed to do this.
Can a landowner build a fence on an easement?
You are legally allowed to build a fence on an easement, but that fence may need to be torn down if the easement needs to be accessed. Because of this fact, you must decide if the fence is worth it since it may be pulled down at any time. Most homeowners agree that building a fence is worth it, even if it has to be removed at a later time.
Can you force a neighbor to provide an easement?
Your neighbor, the owner of the land upon which the easement is located, can’t legally do anything to interfere with your use of the easement to access your property. However, the landowner can do whatever he wishes with his land, including using your easement, as long as he doesn’t interfere with your use.
Can you build a shed over an easement?
Normally an easement will not prevent you from building over or under it. For example, if there is an access way through your property, you probably will be able to put a sewer under it or a structure over it.
Can you fence around an easement?
While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
Can you build a fence next to a drainage easement?
Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
How close to a property line can you put a fence?
Check Rules and Regulations Typically, fences are installed anywhere from 2 to 8 inches from a property line in most areas. Some areas might allow to go right up to a property line, especially if you live in an urban row house where every inch makes a difference!
Can you build a fence on an easement Texas?
Yes, you can build on a property easement, even a utility easement.
What is an easement of fencing?
A 'fencing easement' is an obligation on the owner of land (the servient land) to maintain a fence or other boundary structure for the benefit of neighbouring property (the dominant land).
What are the 3 types of easements?
There are several types of easements, including:utility easements.private easements.easements by necessity, and.prescriptive easements (acquired by someone's use of property).
What is the 7 year boundary rule?
The Seven Year Rule So this is different from the so called 'Seven year rule' which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can't serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.
Can my Neighbour build right to my boundary?
The party wall act allows an absolute right to build up to the boundary between you and your neighbour. It also allows you to build astride the boundary line, but only with your neighbour's consent.
Can my Neighbour put up a fence on my boundary?
If it's within their property boundary, your neighbour has every right to do whatever they want, including installing a fence.
Can a property owner block an easement in Texas?
For the most part, a property owner can't block an easement if it was already mentioned in the property's deed. If the property owner tries to contest the easement's boundaries, then it's a good idea to have a property survey conducted by a reputable local company in Guadalupe County, TX.
How close to property line can I build a fence in Texas?
Texas has no specific laws regarding fences directly on the boundary line between neighbors, though your city or HOA might have more specific instructions. In general, if it's on your side of the property line, you own it.
How wide is an easement in Texas?
The easements are limited to 30 feet.
What is a drainage easement in Florida?
A drainage easement is designed to isolate a parcel of land for the purpose of collecting and transporting water from the surrounding neighborhood streets through a designated drainage infrastructure.
Can I remove a fence blocking my right of way?
If your right of way is blocked, you can use a reasonable alternative path, as long as you don't enter onto the land of a 3rd party. If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial.
Can you build a fence right next to another fence?
Yes. Yes, you can build next to your neighbour's fence. As long as you're inside your property line you're fine. One consideration: your posts might have to be staggered relative to the fence posts of the existing fence.
Understanding Easements
In order to understand why you can build a fence on an easement, you have to understand what easements are. An easement is a legal area on your property that other individuals or entities can use. You still own the land and have a right to build on it, but you aren’t the only party involved.
Different Types of Easements
As we mentioned above, there are different types of easements. Being aware of the type of easement can help you better understand why easements are regular occurrences on personal properties. Here are the most common easements on personal properties:
How Do You Know If You Have An Easement?
You should know if you have an easement because it will be written into your contract. To check to see if there is an easement, you will need to check out your title documents or look at the tax assessor section on your county website.
Can You Build On An Easement?
Now that we know what an easement is, it’s time to further answer the question at large: can you build a fence on an easement? Technically speaking, you can build anything you want on an easement because you own the property.
Should I Build A Fence On An Easement?
Because the dominant estate has the right to tear down any object you build on the easement, the question you should be asking is: should I build a fence on an easement? Just because you can, does not mean it is the wisest decision to do so.
Should I Build Other Objects On An Easement?
Fences are not the only objects allowed to be torn down if they are placed on an easement. Any object you build on this easement can be torn down. So, you need to consider carefully building on an easement, based on the object at hand.
Final Thoughts
An easement is a part of your personal property that can be seized by a dominant estate and used for other purposes. If you want to install a fence over your easement, that is perfectly acceptable, but know that the fence may need to be removed at a later date. It is up to you to determine if that potential risk is worth building the fence.
What is the dominating rule regarding easement agreements in real estate titles?
The dominating rule regarding easement agreements in real estate titles is that the easement holder has rights to use portions of a property without the property owner's permission. A neighbor with easement rights to access part of a yard can rightfully demand a dividing fence be removed.
Can utilities tear down fences?
Utility companies with easement rights can also tear down a fence to perform maintenance repairs. Utility easements can be above or below ground, and these are usually electrical power lines, gas lines and telephone lines. A utility company might choose to rebuild a destroyed fence, but property owners should speak with a company representative ...
Can utility companies rebuild fences?
A utility company might choose to rebuild a destroyed fence, but property owners should speak with a company representative to find out how it handles fences obstructing its path. Instead of a fence, property owners can create a natural barrier using bushes. Any type of shallow-rooted shrubbery planted on an easement is preferable ...
Types of Easements
There are many types of easements. Some are located below ground and some are located above.
Can You Build a Fence on an Easement?
So the answer you came here to find is if building a fence on an easement is allowed. My answer to you is……..sometimes. It really depends on the type and who owns it.
The Risk of Installing a Fence on an Easement
Even when permission is granted, the utility company that owns the easement has the upper hand.
Conclusion
Building a fence on an easement without permission is not advised. It can lead to costly fines or worse. In the most extreme cases, the fence will be removed at the homeowners cost.
Utility Easement
Utility easements can be above or below the ground. Natural gas lines and sewer lines are some of the below-the-ground easements that could be running through your property. Electrical power lines are above the ground easements that can be installed on part of your property.
Sidewalk Easement
They can be found on many properties. They allow for a sidewalk to be built next to your property if one is not present.
Driveway Easement
If you divide a property into two parts, front and back, the property in the back must have a driveway easement for access.
Stormwater Easement
This is an above or below-the-ground drainage easement. It ensures that your property has a proper drainage system. That stormwater can find a path around or below your house to eliminate any danger to your property or the surrounding environment.
Carry Out A Survey
Get a qualified surveyor to survey your property and get you the right property documents. It will cost you $500 to $1000 to complete a survey. It is a worthwhile expense that could save you much more money. If you build on an easement without your knowledge, you will lose more.
Check Rules And Regulations
Are there any rules and regulations in the community you live in or want to move to? Check with the local authorities on any rules they may have on where to build a fence on your property.
Is An Easement In My Property Still My Property
Yes, if you have an easement on your property, it is your property. However, you have some restrictions on how you can use the part of the property with the easement.
What is an easement on a property?
An easement is an encumbrance on a property. This means that the fee owner's interest is subject and subordinate to the easement beneficiary's interest. Thus, the property is encumbered with a burden to which the property owner (and all future owners) must submit.
What does it mean to build an easement?
You had best check before you build one. An easement means that someone, some company has the right to cross your property. If you block that access, they may not be happy. Build it across a power company access to their power pole, and you might have one of their big trucks back through it.
What does it mean to have a fence installed between properties?
For instance, In the state where I live, Indiana, USA, a fence installed between properties is seen as essentially establishing property boundaries. This means that many fences are often built only after legal surveying is done. It also means that a neighbor can encroach on neighboring land and if not contested by the affected neighbor before the next sale, the new fence might silently whittle away from the affected neighbor’s property. In some municipalities, a mandatory offset from a neighbor’s boundary, a building, a street, or alley might be required, but out in the counties, where you put the fence is where you think or claim your property rights are bound.
What is an easement document?
Every easement comes with a legal document that is filed at the county. That document typically describes the type of easement and what the land owner can and can not do in that easement. Most legally describe the geometry of the easement. Some easements are for underground utilities, some overhead, some surface access.
Can you build a fence on someone else's property?
No, it’s not your property, it’s someone else's property on your property, and they need access to it. If you fence it off and they need to get in they can and will tear it down and not re build or pay for it.
Can a local government erect a fence?
They may dig a hole, they may park vehicles, they may even remove my trees, but they cannot erect a fence if that fence interferes in any way with my enjoyment of my property .
Is it illegal to put a gate across a right of way?
If the easement is a right of way, for example, and the fence makes it more difficult to use the right of way, them it is an interference with the right of way and is not allowed. To put a gate across a right of way, even if unlocked, can be an interference; it would certainly be so if it were locked, even if the dominant owner had they key.
What is an easement in a park?from fencefrenzy.com
An easement implies that someone else owns the property. A park is a good example of an easement. The city owns the property, but people are given the right to use the property or be on the property for a specific reason. As with the example of a park, there are set rules that must be followed on the property.
Who owns the easement?from fencefrenzy.com
Most commonly, the city will own the easement, so to get permission to build on the easement, it will need to come from the city. This will most often come by way of written consent from all of the parties involved.
Can You Build a Fence on an Easement?from fenceresource.com
So the answer you came here to find is if building a fence on an easement is allowed. My answer to you is……..sometimes. It really depends on the type and who owns it.
What is the dominating rule regarding easement agreements in real estate titles?from reference.com
The dominating rule regarding easement agreements in real estate titles is that the easement holder has rights to use portions of a property without the property owner's permission. A neighbor with easement rights to access part of a yard can rightfully demand a dividing fence be removed.
What to do if there is no fence between two properties?from fencefrenzy.com
If there is not a preexisting fence between the two properties and you desire a fence there, receiving permission to do so is a good idea to prevent building on your neighbor’s property. They may have maintenance lines that run right under the area you want to build a fence on, making the property not truly your own.
Can you build a fence on your side of the property?from fencefrenzy.com
In the case your next-door neighbor has an easement that you cannot build on because of utility lines, you can build the fence on your side of the property, just over the line where the two properties are split.
Who has the authority to build a fence?from fencefrenzy.com
If you do receive specific permission, it needs to be from the person that owns the easement who has the authority to permit you to build a fence. The fence will also have to follow their guidelines since it will be built on their property.
Types of Easements
- There are many types of easements. Some are located below ground and some are located above. However, for the sake of this article, we will look at the most common types. Specifically those types that have an influence on fence installation and location.
Can You Build A Fence on An Easement?
- So the answer you came here to find is if building a fence on an easement is allowed. My answer to you is……..sometimes. It really depends on the type and who owns it. Most times an inspection of the fence locationis required before approval. Here’s how things normally work when granted permission. For gas lines, a fence built parallel to the line will require staying a certain distance a…
The Risk of Installing A Fence on An Easement
- Even when permission is granted, the utility company that owns the easement has the upper hand. Most companies will grant permission under the assumption that if ever the utility line should require repair or replacement, the fence will be removed at the property owners expense. For most homeowners, the gamble is worth not loosing valuable yard space. However, in order t…
Conclusion
- Building a fence on an easement without permission is not advised. It can lead to costly fines or worse. In the most extreme cases, the fence will be removed at the homeowners cost. It is always best to contact the owner of the easement in regards to granting permission for installing a fence. In many cases, permission is granted. Certain requireme...