How do easements affect fence placement?
Asked by: Mrs. Hailee Schamberger | Last update: June 26, 2026Score: 4.4/5 (26 votes)
Easements restrict fence placement by reserving specific property areas for utilities, drainage, or access, meaning fences cannot block, damage, or impede these areas. While fences can sometimes be built over easements, they often require permission and must be easily removable. If utility crews need access, they can legally remove the fence without replacing it.
What happens if you build a fence on an easement?
A servient landowner, the property owner granting the easement, cannot interfere with the scope of the easement, even if the easement holder does not need the entire area. This means you can build a fence on an easement, but it must not obstruct the easement's intended use.
What is the 7 year fence law?
The Legality Of The Seven Year Fence Law
It cannot be tucked away and out of sight, or somehow concealed, as with a fence line overgrown by dense undergrowth.” If the occupant has seven consecutive years staying on the property and they did not hide their presence, then they have a claim for adverse possession.
Do you have to give your neighbour the good side of the fence?
Whilst this is often considered good practice or courtesy when erecting a fence, it's custom, not law. There's no legal requirement to give your neighbour the good side. So, if you're wondering which fence is yours, don't rely on left or right rules or which side looks better.
What are the disadvantages of easement?
Limitations on Construction: Easement areas are typically off-limits for permanent structures, such as buildings or fences. Maintenance Responsibilities: Property owners may be required to maintain easement areas or provide unhindered access to the easement holder.
Easements basics...what you can and can't do in an easement.
How close to the property line can you put a fence?
Maintaining Distance from the Property Line
This helps prevent disputes and allows for maintenance on both sides of the fence without encroaching on the neighbor's land. A common practice is to build the fence 2-8 inches away from the property line, depending on local regulations and personal preferences.
What can you not do on an easement?
Structures are not allowed within the easement area except common boundary fencing. Landscaping would be allowed so long as it doesn't interfere with the District's improvements and maintenance thereof.
Can I have a 6 foot fence at the front of my house?
Understanding height rules for garden fencing
While every council has its own regulations, the typical domestic restriction allows up to two metres (about 6.5 ft) at the rear of a property and one metre at the front, measured from ground level, without invoking any height loopholes.
How to ask a neighbor to split the cost of a fence?
Share as many details as possible. Your neighbor will want to know when the work is taking place, what will be done, what the costs will be, and what timeframe is expected for the complete project. They may also want to offer feedback on things like fence color and design.
Can a fence be grandfathered in?
The Concept of Grandfathering in fencing
Grandfathering in fencing refers to the legal principle that allows existing fences—built under old rules—to remain in place even when new zoning laws or regulations would no longer permit them.
Can a neighbour paint my fence on their side?
Always obtain permission before making any changes to fence panels or fence runs. If you want to paint your side of a shared fence, it is essential to get your neighbours' approval or agreement first.
Which side of the fence is considered yours?
A: For wooden privacy or picket fences, the finished or “nice” side should face your neighbor. This is often required by local township or borough regulations. The unfinished side, which shows the posts and horizontal rails, should face inward toward your property.
Can my neighbour nail and screw to my garden fence?
Attaching items to your fence without consent is trespassing. It may not seem serious, but it's a violation of your property rights. Whether it's a hanging lantern or a pergola beam leaning on your fence, it's crossing the legal line.
Can I put a fence around an easement?
Owning property with an easement doesn't deprive you of ownership rights. However, it does restrict certain uses of the land. For instance, erecting permanent structures like fences might violate the easement's terms or hinder its intended use.
What decreases property value the most?
Deferred maintenance (roof damage, mold, faulty plumbing), structural issues, and poor location factors—like high noise pollution, proximity to landfills, or high-crime areas—decrease property value the most. Other top value-killers include outdated kitchens/baths, DIY renovations without permits, and messy, unmaintained neighboring properties.
Who is the dominant owner in an easement?
Dominant Owner: The owner of the property for whose benefit the easement exists. The land of this owner is called the "dominant tenement." Servient Owner: The property owner over which the easement is exercised. The land subject to the easement is called the "servient tenement."
Why can't fences be over 6 feet?
A fence taller than 6ft might begin to obstruct the views to neighbors' homes, block sunlight, airflow etc. Additionally, homeowners that have built a fence taller than 6ft sometimes report that they feel confined in their backyard rather than simply having some privacy.
Can my neighbour put up a 7 foot fence?
Fence height limits are 2 metres at the rear and 1 metre at the front without planning permission. Ownership is determined by property deeds, not side assumptions. Open communication with neighbours is the best way to prevent disputes. When in doubt, consult your title deeds, a surveyor or local council.
What is the maximum height of a neighbour's fence?
Here's what you need to know about exempt fences:
- Side and back fences can usually go up to 1.8 metres high.
- Brick or block fences are limited to 1.2 metres.
- Front fences are stricter – usually around 1.2 metres max.
- Fences near roads often need to be 50% see-through.
- Gates can't open outwards onto public areas.
Who pays property taxes on easements?
A person who holds an easement has no ownership of the physical land itself; he or she only has an abstract legal right to pass over it. Property taxes are solely the responsibility of the person who owns the land.
What are the five types of easements?
Different types of easement
- Easement of support. ...
- Easement of shelter. ...
- Easement for passage of water, sewerage, drainage, and other services. ...
- Easements for light, over-hanging leaves, and other projections. ...
- Easement by necessity. ...
- Easement by prescription. ...
- Express easement. ...
- Implied easement.
How to get around an easement?
Simply stop doing the action that the easement gives you the right to do. For example, if the easement gives you the right to drive across the neighbor's property, stop driving over their property. The property owner where the easement is located can terminate the easement through prescription.
Can I put a trellis on top of my fence?
Yes, you can add trellis to the top of an existing fence to increase height, privacy, and aesthetic appeal. It is commonly done by securing the trellis to existing fence posts using U-brackets or by extending the posts. However, it is important to consider wind load, as a tall trellis can catch wind and potentially knock over a weak fence.
Can I put a small fence around my front garden?
Generally, you will need to apply for planning permission if you wish to erect or add to a fence, garden walls or a gate that would be over 1 metre high AND next to a highway used by vehicles (or the footpath of such a highway); OR over 2 metres high elsewhere.
What is a good height for a front fence?
While the right fence height varies by need and location, there are common ranges that most designs fall into: Front Yard Fencing: Usually between 900mm and 1.2 metres. These are often lower to maintain visibility to the home and comply with council requirements. Backyard Fencing: Typically between 1.5 and 1.8 metres.