Am I Allowed to Build a Fence on my Property if it Crosses a Portion of an Easement?
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Summary
There is an access easement on my property so that my neighbor can access his yard (they use my driveway). I am wanting to build a fence on my property line which would cross a small portion at the end of the easement. I would not be hindering his access to his backyard, but he is against my building the fence. Would I legally be able to build the fence as long as I am not keeping him from getting into his backyard (egress and ingress)? |
“There is an access easement on my property so that my neighbor can access his yard (they use my driveway). I am wanting to build a fence on my property line which would cross a small portion at the end of the easement. my neighbor would still have approximately 200 feet to get to his backyard. I would not be hindering his access to his backyard, but he is against my building the fence. He states that I don’t own the property, that the state owns it. My survey and legal description clearly indicate my ownership, and I am paying taxes on the property. Would I legally be able to build the fence as long as I am not keeping him from getting into his backyard (egress and ingress)?”
At the risk of stating the obvious, it depends.
Assuming you in fact own the property, your right to block the easement (either in whole or in part) will depend on the terms of the easement grant. Generally speaking, you can use your land in any way you please so long as it does not interfere with the easement owner’s use, but the terms of the grant can modify this general rule. Therefore, it’s impossible to say without looking at the document whether you can build the fence you want or not.
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For more on this subject check out these categories: Property, Next Door Neighbor Issues, Easements, Property Rights
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.