Does State Law Require an Easement?

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Is there a county or state law that specifies a requirement for an easement between a townhome or single home properties for emergency access as well as county needs? I currently live in a townhome in the middle of the block and a wooden fence is shared by all townhomes through the backyard. If there is an emergency in the front of my home, I would have to exit via the back and climb over 6 fences and through 6 backyards to get to the end of the block to get to safety. The single family homes do have an easement; the townhomes do not.

If an easement is required in a particular situation, it would most likely be a zoning requirement or other similar local ordinance. You would need to check the specifics of your city or county codes to see if one exists.

[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.]

However, this is something that should have been addressed in the process of subdividing the property and obtaining permits when the homes were built. If it wasn’t, then you have a problem in that you would be taking property from your neighbors in the process of creating an easement. That’s not likely to happen easily, and is the sort of thing that you would want a local attorney to assist with, if you wanted to pursue it.



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Author: House Attorney