• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Building a fence on an easement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

sevise

Guest
What is the name of your state? New York

I just moved onto a new property and would like to build a fence. On one side of the house there is a sanitary sewer easement that extends 10ft into my property. The sewer itself is 3ft away from the edge of the property, on the neighbors side. My town requires a permit to build a fence. Leaving a 10ft slice of lawn outside the fence is unacceptable to me. What can I do to allow the town to let me build on or as close to the property line as possible?
 


H

HomeGuru

Senior Member
sevise said:
What is the name of your state? New York

I just moved onto a new property and would like to build a fence. On one side of the house there is a sanitary sewer easement that extends 10ft into my property. The sewer itself is 3ft away from the edge of the property, on the neighbors side. My town requires a permit to build a fence. Leaving a 10ft slice of lawn outside the fence is unacceptable to me. What can I do to allow the town to let me build on or as close to the property line as possible?
Click to expand...
**A: get written approval from the entity that is the beneficiary of the easement.
 
J

joekelly1973

Junior Member
is this a problem?

Can the easement still be accessible through a fence gate? See if you can build the fence to the edge (making sure you don't hit any sewer lines when you dig the holes) -- sometimes, public utility easement can be accessible through the fence gate.
 
S

sevise

Guest
The easement is for a sanitary sewer. Although I cant be 100% sure where it runs the 2 manhole covers are both on my neighbors side.

The problem is basically the town just passed some rule that your not supposed to build in any easement. The town contacted all the fencing companies around the area. Before the town allowed you to build in the easement so long as you understood that should they need to work on any of the underground "things" it would be the land owners resposibility to repair the fence.

In the 12 ears of woning the property I've never seen the town out there doing anything.

Since the town doesn't require a permit to build a fence my current plan is to build the thing and should anyone(the town) say anything I'll claim it was built before the new rule.
 
H

HomeGuru

Senior Member
sevise said:
The easement is for a sanitary sewer. Although I cant be 100% sure where it runs the 2 manhole covers are both on my neighbors side.

The problem is basically the town just passed some rule that your not supposed to build in any easement. The town contacted all the fencing companies around the area. Before the town allowed you to build in the easement so long as you understood that should they need to work on any of the underground "things" it would be the land owners resposibility to repair the fence.

In the 12 ears of woning the property I've never seen the town out there doing anything.

Since the town doesn't require a permit to build a fence my current plan is to build the thing and should anyone(the town) say anything I'll claim it was built before the new rule.
Click to expand...
**A: I would not advise lying.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top