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With most fences, the best solution would be to build the fence on your own property, in an area that’s not covered by an easement. But that’s not always possible, which is why a fencing easement can be an effective solution.
If you want to construct a fence on a neighbor’s property or allow a neighbor to construct a fence on your property, you should have a legal contract drawn up for a fencing easement.
Fencing easements can also be used to require the owner of land (the servient land) to maintain a fence around a neighboring property (the dominant land).
Building A Fence On An Easement
If a city or town or third party has an easement on your property for utilities and/or drainage, and you want to build a fence on that land, you should get a fencing easement agreement in writing before you construct anything. The most common types of easements that could be on your property include:
•gas line easements
•power line easements
•water line easements
•sewer and septic easements
We’re Here For You – Experienced Real Estate Attorneys
If you have any questions about an existing fencing easement or need a fencing easement drawn up, contact us. As experienced real estate attorneys, we can help you with all aspects of fence easements, including: the scope of an easement, permissible uses, amendments to easements, enforcement of easements, and more.
At Timely Contract, we have local real estate attorneys who have experience throughout Idaho, including: Boise, Post Falls, Coeur d’Alene, Lewiston, Moscow, and Sandpoint.
We also have local real estate attorneys who have experience throughout Montana, including: Missoula, Billings, Bozeman, and Kalispell.