Despite the fact that many property owners feel they cannot construct on a property or utility easement, it is possible in some circumstances. Keep in mind that a utility easement is only intended to allow a utility to utilize and access a specific area in order to build gas, sewage, or water lines. Property easements have a considerably greater scope and are usually in the public interest.
An easement on a property can be used for a variety of purposes. An entity that acquires a large easement can utilize the land for burial, as a right of way, for fishing, and for the right to pasture. Many easements have walkways for the public to utilize in order to stay off the road. If you intend to construct on an easement, you should be aware that doing so may cause problems in the future.
While a fence can be built on an easement, keep in mind that the utility provider may need to remove it in order to use the easement. They will, however, usually repair the fence as best they can once their work is over. Pools and hot tubs can also be built on easements. If you have an above-ground pool, you can take it out when the easement is needed. Installing an in-ground pool into the easement, on the other hand, may be a better option for you because these pools cannot be readily removed. While trees and other major types of plants should never be put over an easement, grass and shrubs can be planted all around it.
Which of the three types of easements are there?
Easements come in a variety of forms, including:
- Easements for public utilities.
- easements granted to individuals.
- By necessity, easements exist, as well.
- prescriptive easements (acquired via the usage of one’s property)
Can I erect a fence near to the property line?
If you want to build a new fence around your yard, you’ll want to be sure you follow local standards to avoid any legal issues or fines. But what types of rules are there, and what kinds of issues might you face? A few frequently asked questions are listed below.
Do I Need A Fence Building Permit?
A fence building permission is not required in every region, although it is required in some. Contact your local government’s planning or zoning department or a building inspector to find out if you’ll need one. You may be necessary to seek a permission for the first time you erect a fence, but not for subsequent fences.
If you construct a fence without obtaining a permit when one is required, you may be ordered to stop construction or even remove what you’ve already constructed. If you don’t comply, your local government, HOA, or even your neighbors may take legal action against you. You could face a fine or perhaps a lawsuit.
Contact your local city hall to inquire about obtaining a fence building permit. Before erecting any fences, have a property survey completed to determine the exact location of your property’s boundaries. Depending on where you live and the size and location of your proposed fence, you may also need to get permission from your neighbors before proceeding.
How Close To The Property Line Can I Build?
Fences are normally constructed between 2 and 8 inches from the property border. Some localities allow fences to be built immediately on the property line, but you’ll have to work with your neighbor and possibly share the expense of the fence in this case. Contact city hall or a local building inspector to find out how close you can build a fence to the property boundary.
Remember that even if you install a fence a few inches (or even feet) away from the property line, you are still responsible for maintaining your property up to the line. Additionally, before erecting any fence, regardless of how close it is to the property line, you should speak with your neighbors to ensure that everyone is aware of the situation and, hopefully, supportive of it.
Can My Neighbor Build A Fence On The Property Line?
Some jurisdictions have differing requirements for how far a fence must be from the property boundary. Fences can be built right up to the property border between lawns in many metropolitan areas, but in subdivisions and more rural regions, fences may need to be set back a specified distance from the property line.
If your neighbor has constructed a fence along the property line that is prohibited where you reside, you should advise them about the local fence restrictions, as they may not be aware of it. You can notify city hall if they refuse to relocate or remove an unlawful fence that is disturbing you, and they will most likely face a fine or legal action.
If fences along the property line are permitted, and your neighbor has erected one without your knowledge, you should speak with them about it. Fences along property lines are usually a shared responsibility between neighbors, and you and your neighbors may be equally liable for the structure’s care.
Can I Build A Fence Next To My Neighbor’s Fence?
What if you want to build a fence, but your yard is already surrounded by your neighbors’ fences? If there are fences all around you, it’s usually legal to put up your own fence, however you should always check with your local authority beforehand.
To avoid future problems with your fence being too close to neighbors or technically on their property, you should either sign out a legal contract with them when putting it up or simply place all four sides of your fence deeper inside your property to ensure it’s on your land.
This is another instance where a land survey may be required to determine the exact location of your yard’s boundaries. Even if a neighbor takes down their fence, if you can ensure that your fence is totally within your property on all sides, you should never have a fence conflict in the future.
Who Pays For A Fence On The Property Line?
Unless the homeowners on both sides agree otherwise, when a fence is built along a property line, it is normally the duty of the homeowners on both sides. However, when fence repairs are required, both property owners should pay, and if one refuses, the other can take legal action if necessary (depending on local fence laws, of course). For further information about your neighborhood’s unique restrictions regarding property line fences, contact your local government.
Can I Remove My Neighbor’s Fence From My Property?
Your neighbor is technically trespassing if they build a fence that turns out to be on your property. To avoid problems with possession, you should first talk to your neighbor about the fence. You can take action to remove the fence if they refuse to move or take it down after you’ve had a property survey or other official means of proving the limits of your yard. It is important to note that any fence removal should be coordinated through your local government’s planning or zoning office; do not attempt to remove the fence alone.
If your neighbor erected the fence after acquiring a permit, you may be able to challenge the permit and obtain an order from your local government ordering your neighbor to remove the barrier. If no permission was involved (or, in certain cases, even if there was), you may need to engage an attorney and take the matter to court to resolve it.
What is a California public utility easement?
Any privately held land in which the City maintains an easement for public utility uses and purposes, regardless of whether or not any “public utility,” as defined in California Public Utilities Code section 216(a), has an easement for identical public utility uses and purposes.
Is it possible for a property owner to obstruct an easement?
You may be wondering who has access to and who can cross over your land if you’ve discovered an easement running through your property. There are a variety of easements available, each of which allows for diverse property uses. We’ll go over each of the different forms and explain who has access to them in each scenario.
An easement is, at its most basic level, “the right to use another person’s land for a specified purpose.” The easement could include the entire land or just a portion of it, and the’stated purpose’ could include anything from laying water pipes to gaining access to a site that is otherwise inaccessible to connecting two independent properties. An easement is a legal right provided by one property owner to another that prohibits the original landowner from building on or around the easement or limiting access to it.
A sort of easement is a right of way. Adjacent landowners typically agree on a right of way easement. This could be because it’s essential to cross one property to go to another, the easement provides a far more convenient point of access, or it permits one property owner to cross another’s land to get to public land. For example, a property owner may grant an easement to someone in order to promote access to historically significant public woodland or a fishing river. It’s also crucial to think about the public right of way, sometimes known as the “right to roam.” Usually, this is allowed for one of two reasons. Either the landowner has granted permission or the right of way has been used by the local community for many years.
There are several sorts of easements, each of which outlines the set of events that led to the easement’s creation. They are as follows:
- Grant made on the spot This is usually spelled down in a property’s deeds. It commonly happens when someone sells a portion of their property but wishes to keep some of the rights to the land they sold. This could include the ability to maintain utility infrastructure or the right of way.
- Prescription
- When a person has been openly exploiting land in a certain way for more than 20 years, this law takes effect. If they can show that this is the case, they may be given an easement to continue using the land.
- Grant that is implied (easements of necessity)
- This is also common when a portion of a property is sold. Its presence, however, is implied by law rather than recorded into the property’s deeds. An easement of necessity exists, for example, if the land that was sold is the only way to reach the area that was kept.
Only those who are properly using the easement for its original purpose (e.g., for general access or to maintain utility infrastructure) should use the right of way when it comes to private easements and rights of ways. ‘Right to roam’ easements, on the other hand, are open to the whole public and cannot be restricted in any manner.
There are two primary distinctions to make when it comes to easements. Any member of the public with a ‘right to roam’ easement is allowed to cross the area. Only a tiny number of persons have access to private right of way easements. This agreement will exist between two property owners in the great majority of circumstances. An agreement between a landowner and a business, on the other hand, is possible.
If you have access points or easements on your property and are unsure about your rights to police access (either under public or private easement regulations), consult a property lawyer.
In Texas, how wide is a utility easement?
Kenneth Lynch, Tommy Batchelor, and Twant Wilson are the appellees in this case, and they all possess property in Bowie County, Texas, that is burdened by utility easements in favor of the Southwestern Electric Power Company (SWEPCO). SWEPCO was awarded these easements in 1949, when the land was still owned by the previous owners.
The issue is that the language in the easement documents does not indicate the easement’s width. The easement has traditionally been thought to be thirty feet wide (fifteen feet on each side of the power line).
SWEPCO attempted to persuade landowners in 2014 to agree to the easement being officially set at 100′ across. SWEPCO accessed their land anyhow, claiming the 1949 agreement, despite the four landowners’ refusal to sign the agreement.
Lynch and the others filed a declaratory judgment complaint against SWEPCO, requesting that the trial court rule that the company’s earlier usage of various utility easements over their particular tracts of land limited the easement’s width to thirty feet.
They believed that the broad easements granted to SWEPCO limited their ability to utilise their land to its full potential. SWEPCO claimed that the 1949 documents allowed a general easement with no width restrictions.
The trial court ruled in favor of the property owners, stating that SWEPCO’s earlier use of the easement across their properties limited its current and future usage to a thirty-foot width. The landowners were also awarded attorney fees and expenses by the court.
What do you call a utility easement if you don’t know what it’s called?
PUEs can be found in almost every property. The term PUE refers to a public utility easement. A PUE, like other easements, gives the easement owner specific rights. If you own your property, a PUE could explain why you awoke to discover an electrician on your backyard utility pole without first asking your permission (that being said, the power company will generally reach out to you before just sending someone to invade your backyardbut, they legally do not have to).
PUEs and their scope are familiar territory for our real estate attorneys.
What are the most typical easements used by utility companies?
While there are many various types of easements, the following are the ones that most typically affect a property owner who wants to develop or remodel on their property:
Utility Easements
A utility easement, the most common sort of easement, permits a utility company to run its pipes, lines, and other equipment beneath or on other people’s land to service its customers. Rather than purchasing all of the land required, utility corporations work out easement agreements with landowners. Due to the high cost of constructing and maintaining utilities, these easements typically last a long time, if not forever.
Drainage Easements
A drainage easement is land that has been given to a municipality for the purpose of water runoff drainage, flood management, or storm sewer access. In these locations, the landowner retains ownership of the property and is responsible for paying taxes and maintaining it. The drainage easement, on the other hand, may have an impact on insurance costs, the ability of a mortgage lender to finance the acquisition, and future construction plans.
Sidewalk Easements
A sidewalk easement, which is one of the most frequent types of easements, permits visitors to access your property from the front. Even if there is no real pavement, the title report may nonetheless show an easement.
Driveway Easements
Larger parcel properties with long drives are more likely to have driveway easements. For example, if a previously divided deep lot adds a nearby property, the adjoining property may require access through your driveway to acquire street access.
Is a permit required to erect a fence around my property?
Fences are installed around the property of residences for a variety of reasons. Other reasons for fencing include safeguarding pets and young children, providing beauty to enhance a landscape, serving as a safety boundary around a swimming pool, and preventing trespassing, whether from unwanted intruders or wild animals.
If you’re thinking of putting up a fence around your property, whether it’s residential or commercial, keep in mind that depending on where you live, you might need to get a permission. Before erecting a fence, many towns and counties in New York State may need you to obtain a permit. A fence permit assures that the design, size, scale, and material of your fence are all code-compliant and approved by the municipal or local government office. Permits are required to ensure that any fence structures are safe for the public and comply with current regulations.
A permit is usually required if you add an outdoor structure, such as a fence.
However, it is very dependent on the local ordinances, zoning, and regulations.
You may not require a permission in some circumstances, but you must follow local restrictions regarding height limits and fence materials.
“Local fencing regulations regulate fence standards, such as fence height, how far an owner must set back a fence, the use of prohibited material, fence upkeep, and dangerous fences,” according to FindLaw.
In addition, private communities and neighborhoods may impose restrictions on the sort of material that a homeowner may use for a fence, as well as height restrictions, to guarantee that the neighborhood’s design is consistent.
Before you buy a fence and schedule an installation, double-check with your local government office and any community associations with which your home may be involved to confirm that the kind, size, and design of your fence comply with neighborhood laws and regulations. If you live in New York and are unsure whether your municipality requires a permission to erect a fence, contact your local town office or visit the official website of the state of New York.