Can My Neighbor Put An Easement On His Setback?

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There is a deeded right of way that states the ROW measures 60 feet by 200 feet. The abutting property owner has taken possession of about half of it to construct a driveway, planted trees and a lawn. His home is so close to the legal setback that without this added property he would have no backyard. Is it legal for him to do this?

[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.]

It depends. Some jurisdictions include easements in their setbacks, and some do not, so you would have to check the local ordinance that establishes the setback to be sure.



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Author: House Attorney