Fences are frequently constructed along or across easements. Homeowners who do this must be prepared for the possibility that their fence will be torn down by a powerful estate (utility company, for example). A few utility companies have stated that they will try their best to reconstruct the fence as a courtesy.
Is it legal for me to put up a fence adjacent to an easement?
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.
Is it possible to erect a fence around a drainage easement?
A drainage easement is a portion of your land that the City has limited access to and/or usage of. In most cases, you won’t be able to make any alterations to a drainage easement. That implies there will be no fences, sheds, walls, trails, or structures. You should also avoid planting trees or doing a lot of landscaping.
A drainage easement can serve two functions. It might be required for storm water flow. Drainage ditches and creeks, for example, are usually included in a drainage easement. In this situation, anything that obstructs the flow of water, collects trash, is washed away, or creates a dam-like effect is troublesome.
The easement may also be required to gain access to drainage infrastructure. In this scenario, anything that makes driving a vehicle through or digging up an underground pipe difficult is troublesome.
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. Note that any fence removal should be coordinated through your local government’s planning or zoning office; do not try 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 required or even if one was you may need to employ an attorney and take the matter to court to resolve the matter.
What is a utility easement, and how does it work?
An easement interest in real property is granted for the construction, reconstruction, and maintenance of utility facilities in this short form agreement. The easement is designed to run with the land and is based on a voluntary agreement between a landowner and a utility or government utility agency.
Is it possible to install a deck over an easement?
In most cases, no, because you can construct under or over it if the work would not interfere with the easement in any way. Unless your proposed work creates “substantial” or “material” interference, the owner of the land benefited by the easement cannot launch an action against you.
Is it possible to encircle a utility box with a fence?
The fence should be at least three feet away from the utility box. Also, keep a permanent fence post out of the way of the box entrance. Utility boxes are owned by ComEd. Do not paint or cover them in any way (e.g. fake rock cover).
What is a fencing easement, and how does it work?
A ‘fencing easement’ is an agreement between the owner of land (the servient land) and the neighboring property to maintain a fence or other boundary structure for the benefit of the neighboring property (the dominant land). Fencing easements are commonly referred to as a “spurious easement” or “quasi-easement” because, unlike most easements, they give the owner of the servient land the power to impose a positive obligation.
The High Court recently clarified fencing easements, especially how they can be created and whether they can run with the land, in the matter of Churston Golf Club v Haddock.
Background
Torbay Borough Council purchased land from a golf club in 1972. The terms of the property’s conveyance included a requirement that ‘the purchaser and all persons deriving title under it”maintain and forever henceforth keep in good repair at its own expense…boundary fences’ along the portions of the land that bordered a neighboring farm.
The defendant, Churston Golf Club, later leased the site. Mr Haddock, the claimant, was the tenant of the adjacent property and the successor in title to the beneficiary of the 1972 conveyance’s fence duty. Churston Golf Club and Mr Haddock had a disagreement over this fencing requirement, and it was upheld in the first instance that Churston Golf Club had an obligation to maintain the fence boundary between the club and the farm, a result that they appealed.
Decision
In regards to the first problem, the High Court determined that a phrase in a transfer can generate a fence easement as a matter of law. While easements do not usually give the owner of servient land the right to impose a positive obligation, the responsibility to erect and maintain a fence that continues with the land and so affects successors in title is well-established.
The High Court cited three Court of Appeal decisions from the 1960s and 1970s that confirmed this and also provided guidance on the legal principles on which a fence easement can arise. These cases demonstrated that a fencing easement can be acquired through prescription or a lost modern grant (a legal fiction based on proving that a use or thing has been ongoing for a long time therefore creating a presumption that there must have been an express grant of this right which has since been lost).
Because a fence easement can be established by a lost contemporary grant, the High Court determined that they can also be granted expressly, such as through a conveyance. However, whether a clause in a transfer creates a fencing easement is a question of fact based on the agreement’s wording.
The High Court compared the wording of the 1972 conveyance’s fence commitment to the four elements that must be met in order for an easement to be established:
- There must be dominant and servient land in this case, the dominant property was the neighboring farm, and the golf course land was the servient property;
- The dominant land must receive a benefit – in this case, the benefit of the fence being erected and maintained;
- It is not permissible for the dominating and servient land to be held or occupied by the same person.
- The easements must be capable of forming the subject-matter of a grant; the High Court confirmed that a fence easement may do so in Issue One.
On this basis, the High Court determined that a true meaning of the clause’s wording resulted in the creation of an easement to maintain the barrier. The need to maintain the barrier “forever afterwards” for the benefit of the neighboring land was emphasized by the High Court. The parties intended for the duty to run with the land, as evidenced by this.
Conclusion
The High Court has clarified prior judgements on fencing easements and how they might be created, confirming that they can be established through an express grant. This appears to be an exception to the general rule that a positive covenant does not bind successors in title unless there is a chain of subsequent contracts. The real wording of the phrase will determine whether similar duties to create and maintain fences are likewise considered to be an easement.
Is it possible to construct a fence on a drainage easement in Florida?
A fence or wall cannot be built or installed on a drainage or street right-of-way, and a fence or wall cannot prevent access to the drainage or street right-of-way. 170.118. EXEMPTIONS. Any property owner who is required to do so under Florida Statute
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.