Can I Landscape Over An Easement?

What can you build over an easement?

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..

How long does an easement last?

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

Who is the dominant owner of an easement?

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A’s house.

Can I cut trees on an easement?

An easement provides someone else a right to use or transverse another’s property. … Your neighbor can cut down the trees so long as doing so does not impair use of the easement (e.g. he can’t cut the trees but then leave them fallen in such as way as to impede the easement).

Who is liable for an accident on an easement?

Accident Liability on an Easement In most cases, the easement rights holder, i.e., the party that directly benefits from the easement, is primarily liable for negligently creating a hazardous situation that may result in an accident. You may, however, also be liable to some extent if it’s argued on the rights facts.

What is a no build easement?

No-Build Easements are commonly used in circumstances such as assuring a minimum fire-separation distance from a building on an adjoining property, assuring excavation access to buried utilities, or preserving parking, sunlight and air access, landscaping, or open-space.

Does an easement have to be recorded?

Generally speaking, an easement is a more serious property right; it is the legal right to use someone else’s land for a particular purpose. Easements are often recorded at the county clerk’s office and encumber your property’s title. … Here, however, you probably do not need to take the step of granting an easement.

How do easements affect property value?

An easement can decrease the value of a real estate, increase the value of the real estate or it can have no impact on the value of the real estate at all. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances.

Can I plant shrubs on an easement?

You can plant gardens and bushes, landscape and construct fences. However, anything that is in the easement when a Utility has to perform maintenance on their facilities may have to be removed. Don’t place anything in the easement that will make it hard for a Utility company to maintain or replace their system.

Can a property owner block an easement?

Easements can be created in a number of different ways, but easements are most often granted in deeds and other recordable instruments. … Moreover, the courts have also ruled that the owner of property with an easement running over it does not have the right to block or impair the effective use of the easement.

Who maintains an easement?

One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is – the owner of the easement is responsible for maintaining the easement.

How long does it take to establish an easement?

The time periods generally range from 5 to 20 years. To obtain a prescriptive easement, the claimant must prove that he satisfied the elements for a prescriptive easement for the specified number of years.

What does it mean to have an easement on your property?

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.

Can I trim trees on an easement?

You can trim the tree branches up to the property line, but you can’t trespass on the tree owner’s property without permission, unless a branch poses potential harm. You may be liable for costs if the structural integrity of the tree is harmed, and some state laws also protect the aesthetic appearance of the tree.

Can I put a fence across an easement?

Yes, you can build on a property easement, even a utility easement. … The dominant estate owning the easement may need to access the easement. Anything, from a house addition down to fences, shrubs, and children’s playsets might need to be removed in this event.

Can you change an easement?

You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

How close can you build next to an easement?

That means one side of your house can be as little as 8 feet from the property line, but the other side must then be at least 12 feet from the opposite property line.

Do easements transfer to new owners?

Easement in Gross. If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.

Can easement rights be taken away?

If an easement exists and the new owners of both properties find that it’s no longer of interest or use to the dominant property owner, the easement can be terminated by the dominant property owner signing a release document to the servient property owner.