An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Mississippi Easement Law With Fence
State:
Mississippi
Control #:
MS-EAS-10
Format:
Word;
Rich Text
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Description
Grants a permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain and replace and rezone water lines.
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How to fill out Mississippi Utility Easement?
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FAQ
An easement is a non-possessory right of use in the land of another. Easements are typically granted for very specific and limited purposes and the easement holder has no right to expand or change how he uses the easement without the consent of the landowner.
Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.
While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
You Must Contribute to Maintain a Boundary Fence A fence built along a shared property line is considered the joint property of both landowners so when maintenance is needed, equal contribution is required. In Mississippi, this rule of shared maintenance applies to long-term tenants as well as property owners.
The short answer is ? the owner of the easement is responsible for maintaining the easement.