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  1. #1
    Join Date
    Nov 2010
    Posts
    3

    Default How Far Does a Fence Have to Be From an Easement

    My question involves an easement in the state of:My question involves an easement in the state of:Texas.

    We want to fence our land and have a total of 115 Acres.

    There is an easement on the left side of our property.
    This easement has an access gate off the rural highway so those who own property in the back can get to their land.
    The easement also acts as the divide line for land owners on both sides of the easement.

    How far off this easement do we have to be when the fence is put in on the easement side?

    There will be No gate on our fence line to access the easement. We will not be responsible in any way for the maintenance of this easement.

    A neighbor said the fence had to be fifteen feet off the easement, give or take a foot.
    That seem like we are giving away a lot of land if we do that.
    Can this be right?

    The land is very rocky. I don't see anyone wanting to drive off that road.

    Does anyone know?

    Crow52

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,242

    Default Re: How Far Does a Fence Have to Be From an Easement

    The easement also acts as the divide line for land owners on both sides of the easement.
    So you are saying that the center line of the easement is the property line. And if you have to be 15 feet off of the center line of the easement it is a 30' easement?

    If not post up all of the language of the easement so we can read it and answer your question.

  3. #3
    Join Date
    Nov 2010
    Posts
    3

    Default Re: How Far Does a Fence Have to Be From an Easement

    Yes, that would be correct. A 30’ gravel road.
    And the easement is used by other property owners who use their land for hunting.
    We are the only ones actually living on our land.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,242

    Default Re: How Far Does a Fence Have to Be From an Easement

    Since I still can't read your easement I am just guessing. If you do not think it is important, I don't either. Those who use it for hunting may have an equal right to use the road. No one knows until we can read the easement.

    If it is for 30' that is what you have agreed to in writing and you cannot limit it or take it back. You can fence to 15 feet from the property line if the property line is the center of a 30 foot easement. If the property line is in question, you need a surveyor to sort it out.

  5. #5
    Join Date
    Nov 2010
    Posts
    3

    Default Re: How Far Does a Fence Have to Be From an Easement

    The easement now is wide enough for a one car lane and has been this wide for 12 years.
    People turn around on their own property.

    I'm not planning to block the road in any way.

    A neighbor said I should run the fence 15 feet off the road on my property.

    I was just thinking that fencing 15 feet off the road onto My side of the property is a loss of land to me.

  6. #6
    Join Date
    Dec 2008
    Posts
    256

    Default Re: How Far Does a Fence Have to Be From an Easement

    Quote Quoting Crow52
    View Post
    The easement now is wide enough for a one car lane and has been this wide for 12 years.
    People turn around on their own property.

    I'm not planning to block the road in any way.

    A neighbor said I should run the fence 15 feet off the road on my property.

    I was just thinking that fencing 15 feet off the road onto My side of the property is a loss of land to me.
    In regards to fencing you can treat the edge of the easement the same as your property line. Understand this is the edge of the easement not the edge of the road that people are using. It does not matter what the current width of the roadway is it only matters what the deeded definition of the easement is. If you know where the edge of the easement is then you can fence at that point, if you are not sure where the edge of it is then you'll need to have the property surveyed to define it for fencing purposes.

    As far as loosing land you already have to the easement and there is nothing you can do about it at this point. but you have only lost whatever is described in the easement granting, you shouldn't need to leave an extra buffer outside the easement bounds

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