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.
Drainage Easement And Fence
State:
New Jersey
Control #:
NJ-EAS-2
Format:
Word;
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Description
An absolute and exclusive easement, in perpetuity, for discharge onto and conveyance of surface and storm water.
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FAQ
It is prohibited to construct or install a fence or wall upon a drainage or street right-of-way, nor shall a fence or wall preclude access to the drainage or street right-of-way. § 170.118 EXEMPTIONS. Any property owner required by Fla.
Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes "substantial" or "material" interference.
It is always best to contact the owner of the easement in regards to granting permission for installing a fence. In many cases, permission is granted. Certain requirements may need to be met along with certain forms or legal documents. However, in most situations just meeting the specified requirements is good enough.
A drainage easement is a part of your property where the City has limited rights of access and/or use. Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
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Fences are strongly discouraged in drainage easements and in some cases they are prohibited because they can block the natural flow of surface water. Memorandum Date: December 1, 1999.To: Mesquite Residential Builders From: Building Official Subject: Fence Construction in Drainage Easements The Department of Public Works must approve the installation of a fence within a storm drain easement. For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited.