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bobmaryann · Nov 6, 2014, 01:03 PM

Where do easements fall on the property line? I have a 10 foot one in the back does that mean the property line /fence should be half on my side and half on the neighbors? The fence should be on the line I think, and we share the space if needed to sewer line work under it.?

ebaines · Nov 6, 2014, 02:00 PM

Please clarify your question. An easement means somebody has the right to access your property for some reason. If you have a 10 foot easement for a sewer line then all that means is there is a 10-foot strip that you must provide access to. If you put up a fence that prevents access to the 10-foot strip the easement holder has the right to take the fence down if need be. As for proper placement of fences - in general your fence must be on your side of the property line, and if your neighbor puts up a fence it should be on his side of the property line. That way it's clear who owns it and who must maintain it.

ma0641 · Nov 6, 2014, 02:05 PM

The filed plat for your property should show the easement which may or may not be on the property line. Your county assessor or property records dept. should have the plat. A fence should never be ON the property line, it should be at least a couple of inches inside your line.

joypulv · Nov 6, 2014, 02:11 PM

You can't put fixed objects such as fences on easements. And you don't assume anything, such as that there is an equal amount of feet on either side of the line. So go to town or city hall deed office and look it up. (Plat is a term used in only certain parts of the US. Plats, plot plans, etc, are in one part of the town hall, but you need the actual drawing with descriptive text that goes with the deed, for accuracy and precision.)

AK lawyer · Nov 6, 2014, 02:44 PM

Where do easements fall on the property line?

The area of land subject to an easement is normally described by some sort of rectangle (or other 2-dimensional area). A property line is of course one-dimensional. Thus the question is hard to follow; 2-dimensional things don't "fall on" 1-dimensional things.

As I understand the question, OP's property is subject to a 10' easement "in the back". Is it for a sewer line for your neighbor? If so, the fence has nothing to do with it.

The fence, if you own it, should be on your property, unless you have a mutual easement agreement of some sort with your neighbor (if so, it should be recorded, to protect purchasers who may some day buy the property from either of you).

Originally Posted by joypulv

You can't put fixed objects such as fences on easements

Sure you can, as long as it doesn't interfere with the neighbor's use of the easement. Say, for example, the easement is for a sewer line to the neighbor's property. Your fence can't interfere with the neighbor's ability to maintain the sewer line. On the other hand, the neighbor can't ask that it be removed for other reasons; such as the fact that he doesn't like how it looks.

bobmaryann · Nov 6, 2014, 06:47 PM

Its 2 back to back property's and a common sewer line that services about 10 houses on my side not the other property. The fence is about on top of it now and . So I think the neighbor wants to put a new fence on the property line between us. And the easement is 10 feet for service of the line whose side it is on is in question, but I think its been shared for about 45 years. I will go to the county about where it is and what side of the line it is on. Thanks.

Fr_Chuck · Nov 6, 2014, 07:07 PM

The 10 foot easement is on your side, your neighbor, may or may not have an easement on his side, that will be on his deed and paper work.

Many fences with agreement have been put on a property line, but if he is just putting one up, he can put it on his property.
Your easement has no effect on his property and what he does.

ScottGem · Nov 7, 2014, 07:25 AM

An easement for something like a sewer line usually means that if the line needs to be dug up for repair, the county does not have to get permission from you or inform you. It also means, that you can't put in anything blocking access to the line (like a deck or patio). This would also include a fence that prevented access. However, if the easement is on your property, it would not affect your neighbor putting up a fence.

AK lawyer · Nov 7, 2014, 08:33 AM

Originally Posted by ScottGem

... However, if the easement is on your property, it would not affect your neighbor putting up a fence.

If a sewer easement is on OP's property, it would not allow the neighbor to put a fence on the area subject to the easement. If, on the other hand, the neighbor has a fence easement, neighbor could of course do so.

ballengerb1 · Nov 7, 2014, 09:58 AM

Call your local building dpartment. In my town a fence can be directly on the property line. My utility easement is entirely inisde my fenced back yard. Fence rules vary from town to town

AK lawyer · Nov 7, 2014, 11:51 AM

Originally Posted by ballengerb1

Call your local building dpartment. In my town a fence can be directly on the property line. My utility easement is entirely inisde my fenced back yard. Fence rules vary from town to town

That appears to be what the local zoning code may provide (zero set-back for fences). But if a neighbor's fence is "directly on the property line", half of it is on your property. If your neighbor doesn't have some arrangement with you, you can knock it down if you want.