Is there an easement of fencing?

Is there an easement of fencing?

A ‘fencing easement’ is an obligation on the owner of land (the servient land) to maintain a fence or other boundary structure for the benefit of neighbouring property (the dominant land).

Who is responsible for boundary fencing?

A T mark on one side of the boundary indicates that the person on that side is responsible for the fence. If there’s a T on both sides of the boundary, this is called a party boundary, which means both you and your neighbour are responsible for it.

Is erecting a fence a positive covenant?

What is a positive covenant? The fencing covenant in this case was a promise to erect and maintain a fence. As the covenant required positive action by one party, it is known as a positive covenant. However, under Common Law and Equity positive covenants do not run with the land.

Can you put a fence on an easement?

The main rule of thumb for homeowners to follow when there is an easement on the property line is to avoid building anything, including fences, on said easements.

Can a utility easement be above ground or below ground?

Utility easements can be above or below ground, and these are usually electrical power lines, gas lines and telephone lines. A utility company might choose to rebuild a destroyed fence, but property owners should speak with a company representative to find out how it handles fences obstructing its path.

How far back does a fence have to be from the property line?

Check Rules and Regulations Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

Can you build a fence on someone else’s property?

In many cases, you can build the fence directly on a property line that is shared with someone else. If you shared a property line with a public entity, you may not be able to build directly on the line. You may need to step back the fence. Notifying Neighbors Before Building a Fence

What are the rules about putting a fence on an easement?

The dominating rule regarding easement agreements in real estate titles is that the easement holder has rights to use portions of a property without the property owner’s permission. A neighbor with easement rights to access part of a yard can rightfully demand a dividing fence be removed.

Utility easements can be above or below ground, and these are usually electrical power lines, gas lines and telephone lines. A utility company might choose to rebuild a destroyed fence, but property owners should speak with a company representative to find out how it handles fences obstructing its path.

Can a house be built on an easement?

Yes, you can build on a property easement, even a utility easement. The dominant estate owning the easement may need to access the easement. Anything, from a house addition down to fences, shrubs, and children’s playsets might need to be removed in this event.

Check Rules and Regulations Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.