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Fencing a utility easement on your property is generally not permitted, as utility companies often require access to these areas for maintenance and repairs. Before making any changes, it's essential to check local regulations and the specific terms of the easement agreement. In some cases, you may be allowed to install a temporary or decorative fence, but it must not obstruct access. Always consult with the utility provider and local authorities to avoid potential legal issues.
What else can I help you with?
How can you buy back a utility easement or part of it?
A utility easement is a feature of the property you own, not a loss of property. A utilty easement is a section of your property that needs to be left accessible to the utility (electric company, phone company, etc.) for service, repairs, upgrades etc. You can use the space such as erect a fence but you need to know that if the utility needs to access your easement space they have the right to move or destruct what you have erected.
Can I legally refuse a utility easement on my property?
No, you cannot legally refuse a utility easement on your property. Utility companies have the legal right to access your property for maintenance and installation of utility lines.
Can one fence in a yard subject to gas line and electric line easements?
First you must check the language that created the easements. Some instruments specifically state that there will be no permanent structures within a certain distance of the center line of the easement. Regarding a fence, you could contact the easement department of each utility to discuss your needs. Some companies are very accommodating. You may be allowed to erect a fence in your yard but you will need to make the property accessible to the utility companies. If it is a large property the companies may allow the fence but require that you provide gated access to the easement area wide enough for access with equipment. You may not fence in the property so as to block entry by the utility companies.
Is there a utility easement on my property?
To determine if there is a utility easement on your property, you can check your property deed or contact your local county assessor's office for information. Utility easements are typically recorded in property records and indicate areas where utility companies have the right to access for maintenance or installation of utility lines.
If there is a exclusive easement can the non property owner put up a fence?
If the easement is exclusive, then the non property owner can put up a fence. However, it can only be done with the permission of the property owner.
Who pays taxes on an easement?
On the property the easement is on/over? That depends on the terms of the easement given and agreed to. The most common forms of easements, utility and right of way easements the property owner pays the property taxes.
Can a neighbor build a concrete block and wood fence across a 20 ft wide utility easement?
It depends on the nature of the easement. You need to get a copy of the easement from your county records office, and see what rights it gives the neighbor to build on the easement. Odds are, if it's a utility easement, it belongs to the utility company alone. See a real estate attorney for detailed information on your state's laws.
How wide is an easement?
There is no set width for an easement. An easement is defined by an agreement between the two property owners. Some easements have standard sizes such as roads or utility easements.
Can a fence be built constricting an access easement?
Generally, a fence can be built near an access easement, but it must not obstruct or restrict the legal access rights granted by the easement. Property laws vary by jurisdiction, so it's crucial to check local regulations and the specific terms of the easement. If the fence interferes with access, it could lead to legal disputes. Consulting with a legal expert or property attorney is advisable to ensure compliance.
How far away from a utility easement do you have to be?
The area on either side of a utility easement is generally stated in the instrument that created the easement. For example, "no structures within 15 feet of either side of the center line". Check with the title company or attorney who represented you when you purchased your property for a copy of the easement document.
Can a utility company legally compel a property owner to grant an easement?
Yes, a utility company can legally compel a property owner to grant an easement through a process called eminent domain, which allows the government or certain entities to take private property for public use with fair compensation to the property owner.
If a utility owns an easement across the middle of your property do you have to allow them access across your private property?
Yes, because that is exactly what an easement is. The right to go onto another person's land usually for a specific and limited purpose. However, you may refuse to let the utility people go anywhere else on your property except on the exact portion of land that is covered by the easement. Such easements are usually restricted to that portion of the land so as to enable the utility to read the meter or repair damaged equipment. The terms of the deed of easement will specify where the utility can go.
