Massachusetts Electric Line Easement and Right of Way
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FAQ
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).
App. Ct 274 (1992). An easement by necessity is when a parcel has no access (?backland?) and a party to the deed has abutting land at the time of the grant that can provide access.
The answer is yes; you can build a fence on an easement. An easement is a legal right that allows one person or entity to use another person's property for a specific purpose.
§ 152.55 UTILITY EASEMENT. (A) In general, alleys will not be required, but utility easements for public utilities shall be dedicated. (B) The easements shall be 7 feet on each side of the rear or side lot lines. Easements shall connect with established easements and adjoining property.
The duty to care for an easement belongs to the owner of the dominant estate. Thus, any costs of repair or maintenance related to the easement fall to the user of the easement, not to the owner of the servient estate.
The difference between an easement and a right of way is right of way is a type of easement. It gives a specific individual or a group of people a private right of way to cross the property. Or, a public right of way grants the general public the right to cross the land and use it as a passageway.
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.