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fence on easement

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brian platt

Junior Member
What is the name of your state? MD

May I put a fence (with access gate) along my property line, through a non-exclusive easement area granted to my neighbor. My neighbor is protesting that I not put up the fence.

Other neighbors with the same type of easement have avoided putting up a fence in the easement area in question, to allow each homeowner all the land on one side of their house and none on the other. I want to change that for my easemenet area. 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.
 



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