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

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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 9 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.


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