Can I build a fence on an easement?

Understanding Easements

When an easement is granted, it typically allows the easement holder to use a specific portion of the land for a particular purpose, such as a utility company accessing a property to maintain its infrastructure. While the easement holder may have the right to use the land, they may not necessarily have the right to prevent you from building a fence along the easement boundary. However, it’s essential to review the easement deed or agreement to determine if there are any specific restrictions on construction or use of the easement.

Determining Easement Type

There are several types of easements, including affirmative easements, negative easements, and profit easements. Affirmative easements grant the holder a right to use the land for a specific purpose, while negative easements restrict the property owner’s use of the land. If you have an affirmative easement, you may be able to build a fence along the easement boundary without issue, provided it does not interfere with the easement holder’s use of the land. However, if you have a negative easement, you may be prohibited from building a fence that obstructs the easement holder’s view or access.

Local Regulations and Approval

Even if you have the right to build a fence on an easement under the terms of the easement deed or agreement, you may still need to obtain approval from local authorities or the easement holder. This is particularly true if the fence will be built over or near any underground infrastructure, such as pipes or cables. It’s essential to consult with local building officials and the easement holder before commencing construction to ensure compliance with all applicable regulations and to obtain any necessary approvals.