Can I build a fence along my property line while there is an easement within the parcel?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I build a fence along my property line while there is an easement within the parcel?

I have a property with 2 parcels. There is a private utility easement running within the middle of 1 parcel. I plan to build a fence on 1 side of the parcel which will maintain at least 15 feet clearence from the easement (from the plot plan). Am I allowed to do so or I have to get the consent from the easement owner?

Asked on March 31, 2012 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. You need to carefully read the easement that you are writing about. If the fence that you wish to build does not interfere with the easement, you as the owner of your land should be entitled to build the fence.

Before you build the fence, I would place the owner of the easement on notice about your intent after you consult with a real estate attorney about it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption