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  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Default Installing a Fence on Part of an Easement

    My question involves an easement in the state of: Massachusetts. Part of my backyard is on a utility easement (electric company power lines). The powerlines are off to the side of my house and can be accessed through the front/side and backyard. I'd like to install a privacy fence with a gate around my backyard (not my front yard). Can I just install this fence without notifying the electric company since they would still be able to access the powerlines through the front/side yard or they could even walk through the gate to get into the backyard (I'm not intending to put a lock on the gate).

    Thanks.

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Installing Fence on Part of an Easement

    I think what you mean is that the electric company has an easement across your property not that your property is on the easement.

    To answer your question, probably/maybe. But without knowing exactly what the easement grant says I can't say for certain. And consider that to service overhead power lines they sometimes need some pretty large equipment especially to maintain high tension lines.

    Why don't you call the electric company and explain what you want to do and ask them if it is alright given that they still have access to the easement. If they say it is okay to put up the fence, get it in writing.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Installing Fence on Part of an Easement

    I have seen where a fence was never noticed since the POCO never had to access the lines in the area and I have seen where the POCO demanded a fence be removed simply because it is not allowed per any typical utility easement, even though the POCO did not have to access the lines at that time.

    I have also seen where they simply trashed a fence when they had to access their lines and the fence was in the way.


    budwad's recommendation of asking them is about the only way you are going to know if it is going to be a problem.

    It is not your choice to offer them access how you think it is acceptable. More often than not you simply cannot do anything that would inhibit their access to their lines.

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