Am I Allowed to Landscape the Easement on my Property?

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“I have a question relating to a “Right to Access” easement located on my property. The Dominant tenant has a right to cross my backyard to access her own backyard. The easement is 6 feet wide. Am I allowed to develop this area of land at all (low wood deck, asphalt, concrete etc). I do not intend to impede her access at all. I will be keeping whatever landscaping we are allowed to do at ground level. Thanks in advance.”

[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.]

Check the easement document, first and foremost. Barring any specific language therein, the general rule is that you may make any use of your land that you like so long as it does not interfere with the easement owner’s use of the easement.

Keep in mind, of course, that your neighbor may disagree with you regarding what is an interference. You would do well to clear your plans with her before you spend a lot of money on landscaping that you later need to tear out.

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Author: House Attorney

A house attorney has answered this question.

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