is fence allowed in non-exclusive easement area

[brian platt]

What is the name of your state?
MD

Can I put a fence with an access gate on my property, across my back yard? The neighbor has a non-exclusive "use and maintenance" easement and she's against the fence.

Thanks!

 

[HomeGuru]

What is the name of your state?
MD

Can I put a fence with an access gate on my property, across my back yard? The neighbor has a non-exclusive "use and maintenance" easement and she's against the fence.

Thanks!

**A: based on MD real property law and case law, contract law first prevails, thus the easement agreement must first be reviewed for specifics with respect to use and restrictions.

 

[brian platt]

fence on easement

Here's the verbage of the easement:

Declarant is currently the record owner of the real property. In consideration of the foregoing, the covenants and promises contained herin and other good valuable consideration, the reciept and adequacy of which are hereby acknowledged, Declarant, do hereby grant and declare for the benefit of the Adjacent Owner from time to time the following:
A. That the Declarant do hereby create a preputual easement in, under and over the Easement Area which shall run with and bind the land in perpetuity
B. That all costs of care, maintenance, repar and replacement of improvements be borne and paid by such Adjacent Owner utilizing the Easement Area.
C. That under no circumstance shall anything be atached or be allowed to attach to the Declarant's Porperty.
D. That the benefits and burdens of this Easement shall run the full length and width of the Easment Area.
E. That for the purpose of the Declaration, the term "Declarant" shall mean the owner of the property.
F. That for the purpose of the Declaration, the term "adjacent owner" shall mean the owner of the adjacent property
G. Nothing stated in this Easment Agreement shall prevent the Declarant from accessing the Easement Area to reasonably maintain the Declarant's property.

 

[HomeGuru]

Here's the verbage of the easement:

Declarant is currently the record owner of the real property. In consideration of the foregoing, the covenants and promises contained herin and other good valuable consideration, the reciept and adequacy of which are hereby acknowledged, Declarant, do hereby grant and declare for the benefit of the Adjacent Owner from time to time the following:
A. That the Declarant do hereby create a preputual easement in, under and over the Easement Area which shall run with and bind the land in perpetuity
B. That all costs of care, maintenance, repar and replacement of improvements be borne and paid by such Adjacent Owner utilizing the Easement Area.
C. That under no circumstance shall anything be atached or be allowed to attach to the Declarant's Porperty.
D. That the benefits and burdens of this Easement shall run the full length and width of the Easment Area.
E. That for the purpose of the Declaration, the term "Declarant" shall mean the owner of the property.
F. That for the purpose of the Declaration, the term "adjacent owner" shall mean the owner of the adjacent property
G. Nothing stated in this Easment Agreement shall prevent the Declarant from accessing the Easement Area to reasonably maintain the Declarant's property.

**A: thank you.