I live in a residential area and own a home. On my lot there is a 15 X 50 foot easement. The easement is owned by a private party for access to forest land behind my home. The easement has only been used once in over 15 years to drive a truck through. I would like to build a fence in my backyard which would block the easement. I would install a 12 foot drive gate for access...will this be acceptable? any problems? thanks!
2007-04-13 12:24:43 · 4 answers · asked by Redtic 2 in Politics & Government ➔ Law & Ethics
The easement is a matter of public record, and anybody who can visit the office for recording of deeds can see it. As long as the holder of the easement is aware of your proposal to fence the yard and yet provide a gate for access, this should be acceptable.
To be perfectly safe, I would have an attorney prepare an agreement between you and the owner of the easement specifying that you are permitted to erect the fence and provide a 12 foot drive gate for access. That agreement should be in a form that would be recorded with the land records of the county, and future owners of both your land and the adjoining property would have notice of the arrangement.
2007-04-13 12:47:09 · answer #1 · answered by Mark 7 · 0⤊ 0⤋
I would check with an attorney before doing anything, but it seems to me that you would not be able to infringe on the easement in anyway. Perhaps it would be doable if the owner of the 15 x 50 property gave written permission for you to put the fence up. Why not check with the county to see if taxes have been paid for the easement, and in doing so, you could come up with the property's owner. Best of luck.
2007-04-13 19:34:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
As long as you take reasonable steps to not bloakc access to the easement then you are fine.
The worst that can happen? You are taken to court...they would be laughed out of court for suggesting that you do not have the right to fence in your yard...even though you made sure they had access to their pathway they never use.
2007-04-13 22:18:16 · answer #3 · answered by Dr. Luv 5 · 0⤊ 0⤋
I would contact the timber company and ask them to be sure, I don't see a problem with the gate, but I'm not sure if 12 feet is enough, if they come in during the winter time, with their extra wide tires on their skidders and cutters, you may have to just make it 15 foot and place a cable or two across it, instead of a gate, hope this is helpful
2007-04-13 19:36:01 · answer #4 · answered by DukeofDixie 7 · 0⤊ 0⤋