Am I Allowed to Build a Fence on my Property if it Crosses a Portion of an Easement?

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“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)?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: House Attorney

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