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Fence through easement?

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NewCountryGirl

Junior Member
What is the name of your state? CALIF
I want to put a fence on my property line, which is down the middle of an easement. (12.5 ft on each side.) Normally I understand this would be an insane suggestion, but I'm hoping one or more of the following factors give me wiggle room:
1. There is a telephone pole near the property line, so this pole is dead in the middle of the easement. My fence would follow the telephone pole.

2. Since each side of the easement is 12.5 feet, the residents on each side of the easement have ample access, and the fence would not impede the owner on the other side of the easement. In other words, there's no "need" for me to use the 12.5 of easement on the neighbor's side, and there's no need for her to use mine.

3. Maybe the fence could be labeled "temporary" if it's flimsy enough, so I could take it down if anyone had a reasonable reason?

So do I have a leg to stand on? And can my nasty neighbor (who owns the other side of the easement) force me to remove the fence without giving a reasonable reason?

Thanks in advance for any sage words of wisdom, and even more thanks for tricky ideas that could work!!!
 


NewCountryGirl said:
What is the name of your state? CALIF
I want to put a fence on my property line, which is down the middle of an easement. (12.5 ft on each side.) Normally I understand this would be an insane suggestion, but I'm hoping one or more of the following factors give me wiggle room:
1. There is a telephone pole near the property line, so this pole is dead in the middle of the easement. My fence would follow the telephone pole.

2. Since each side of the easement is 12.5 feet, the residents on each side of the easement have ample access, and the fence would not impede the owner on the other side of the easement. In other words, there's no "need" for me to use the 12.5 of easement on the neighbor's side, and there's no need for her to use mine.

3. Maybe the fence could be labeled "temporary" if it's flimsy enough, so I could take it down if anyone had a reasonable reason?

So do I have a leg to stand on? And can my nasty neighbor (who owns the other side of the easement) force me to remove the fence without giving a reasonable reason?

Thanks in advance for any sage words of wisdom, and even more thanks for tricky ideas that could work!!!

You're going to have to post what type of easement that it is. Right of way, utility, etc.

I put up a cedar fence around my property. I used steel posts that were removable (2" in-ground sleeve with 1 1/2" pipe up to 6' tall) in a section for maintenance. Wrapped cedar around posts and made removable panels in between. Fence can be removed at anytime.
 

NewCountryGirl

Junior Member
Thanks for repying!
The title map refers to this as a "road easement." The title docs describe utility easements, but don't specifically define "road easements" at all. All easement references we can find contain what I imagine would be boiler-plate descriptions of easements, "use by owners, their guests, utilities companies," etc.

The subdivision was created in the early 60s. Everyone who's read it agrees it's vague and poorly written.
 

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