Question: Can You Build A Deck Over An Easement?

Can you build over an easement?

Normally an easement will not prevent you from building over or under it.

For example, if there is an access way through your property, you probably will be able to put a sewer under it or a structure over it.

Can I landscape over an easement?

Sheds, paths, driveways, edging and other landscaping are common improvements that are sometimes placed over easements. If you want to plant over an easement, make sure you don’t plant trees or shrubs that have roots that may invade water and sewer pipes, causing blockages.

Can you refuse an easement?

As the owner, you have a legal right to grant or to deny someone’s request for an easement on your property. No one can simply impose an easement on you. However, if the easement is sought by a public entity like a local government or utility, your denial may be challenged in court.

Who maintains an easement?

Property Easement Maintenance

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don’t become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

Can I put a fence on an easement?

If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. Legally, this is a type of property easement that is earned by regular use of the property.

Can you build a carport over an easement?

Build Over Easement. In some circumstances when one wants to maximise the building footprint it may become necessary to build a garage or a carport over an easement. Easements are generally located on title to allow for the provision of services (most commonly sewer and stormwater).

Can I plant shrubs on an easement?

You can plant gardens and bushes, landscape and construct fences. However, anything that is in the easement when a Utility has to perform maintenance on their facilities may have to be removed.

How does an easement affect property value?

Whether the public easement affects property value depends on how much access the public has to the land, and how this restricts property ownership and changes to the land. Private easements will generally not interfere with property ownership. It’s up to the landowner to agree or refuse to sell the private easement.

What can be done on an easement?

This easement grants other designated people the right to specific types of access. Easements can be granted to another person, such as a neighbor, or to an entity, such as an electric and gas utility. A property easement is generally written and recorded with the local assessor’s office.

What are the three types of easements?

There are three common types of easements.

  • Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered.
  • Easement appurtenant.
  • Prescriptive Easement.

How long does an easement last?

Prescriptive Easements.

The individual actually uses the property. The use is continuous for the statutory period – typically between 5 and 30 years. The use is adverse to the true owner, i.e. without the owner’s permission.

Do a land easements transfer to new owners?

An easement appurtenant will transfer to new owners. A handy way to conceptualize an appurtenance is that it is attached to the title ownership of the land itself, and thus is transferred to the new title owner upon sale. For example, Alice may grant Bill and his successors and assigns an easement across her land.

Who owns an easement?

An easement is a property right that gives its holder an interest in land that’s owned by someone else. It’s common for people to lack a clear understanding of easements and the numerous legal problems that can arise in their creation, interpretation, and implementation. Luckily, you’ve come to the right place.

Can a property owner block an easement?

Generally, an easement’s use and access can’t be blocked unless thee is cause for termination. Once an easement is created, the owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying property.

What are easement rights?

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is “best typified in the right of way which one landowner, A, may enjoy over the land of another, B”. Easements of “light and air”

Can you build a fence on a public utility easement?

Building a fence on an easement is risky, because the property owner may be ordered to take it down, or find it destroyed by a public utility that has easement access to the property.

How do you get an easement removed?

Terminating easements by express release or agreement

You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

Can a driveway easement be revoked?

Answer. The law does provide a possible way for you to limit use of your driveway to your soon-to-be neighbor and retain the right to revoke or terminate access. However, the agreement will be called a “license,” not an “easement.” Unlike an easement, a license can normally be revoked at any time, for any reason.

Can you put a fence on easement?

An easement is the right to use a part of your property, by a third party, for a specific purpose. It’s on your deed. You can’t build on an easement. Nothing – not even a fence or part of a fence.

Does an easement affect setbacks?

Easements That May Affect You

The world abounds with easements, but only certain types may affect a homeowner who wants to build or remodel. Some types of easements: Utility Easements (Below Ground): Storm drains, sanitary sewer mains, or natural gas lines frequently run through and under private property.

Do easements expire?

Expiration. The simplest way an easement can terminate is if the time period for the easement’s existence expires. In addition, an easement can be created with the express provision that it shall terminate upon the occurrence of a specified event. When that event occurs, the easement will automatically expire.