Do I have the legal right to place snow fence at the side of and within my exclusive parking easement?

In order to protect my vehicles from potential damage from traffic, specifically snow plowing, I placed a snow fence within the easement and along the side of a private property surface drive which my neighbor and I use. I have a general ingress/egress easement on that surface drive and an exclusive easement for parking adjacent that drive. I realize that the exclusive parking easement was not provided for the purpose of building a fence, temporary or otherwise, but I consider a 4′ plastic snow fence a parking associated and practical requirement of parking adjacent the drive.

Asked on October 11, 2011 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the easement that runs with your land (and benefits it) allows you to place a snow fence in the easement's zone depends upon the express wording of the easement. Consequently, you need to carefully read the easement in that its terms and conditions allow you the scope of use set forth within it.

If the easement does not specifically or even generally allow you to place the snow fence within the zone where the easement gives you a non-possessory interest in another person's property, you can still do so and see if the owner of the property which has the burden of the easement makes any objection as to it.

If not, then by your own acts you have broadened the scope of the deeded easement benefitting your parcel.

Good question.


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