Easements basics...what you can and can't do in an easement.

[@d.v.a.6412]

Drain line easement can I fence and leave acces gate?

[@shehulk337]

I live on a corner lot with a slope. Would it be fine if I planted herbs down the slope to the curb? It would be on top of a water main easements. I understand if I have to patch up my garden after they fix a busted main. I just want to make sure I won’t be in trouble for my wild flower/ herb slope border.

[@thatgarywilliams]

As long as you are aware that if they have to work in the area you've planted in they aren't responsible to put everything back exactly how it was...and with regards to corner lots, there are visibility concerns and screening restrictions to be aware of.

[@shehulk337]

@@thatgarywilliams thank you.

[@thatgarywilliams]

@@shehulk337 you're welcome!

[@redman2751]

Question. We have an ingress/egree easement to get to our property. It’s gravel right now. Can I pave it with asphalt or a type of asphalt. Once on our property we have another easement heading to the neighbors property. I’m assuming I can pave that as well use it for our driveway anyway.

[@thatgarywilliams]

On the easement to get to your property... you would have to check with the owner to see if they'd allow you to do that...and if there's utilities under the area...that could be a problem if they needed to access to them...for your property, use the same caution about utilities...parking there may not be a problem, but if it's a right of way easement for someone else... they need to be able to access their property via the easement 👍

[@d.v.a.6412]

How about fencing?

[@thatgarywilliams]

@d.v.a.6412 typically you can have a fence in an easement...and having a gate will help too. In my video, the fence behind me is on my property line...and also in a pipeline easement...examples of what not to do would be you can't pour concrete or build permanent structure in an easement. Lmk if that makes sense👍

[@joshuaroman6072]

I have a very tall power easement in my backyard. There is a retaining wall that is around it and I’m trying to see if they are supposed to change it as it’s rotted out and very bad shape. The easement is also higher up than my yard hence why there’s a retaining wall wall. Is that on me to replace?

[@thatgarywilliams]

Great question! You should contact the utility company that has the easement and ask them about it. If it is to support their equipment...i would think they would be responsible for maintaining the area. Lmk how this turns out👍

[@francarohdy9482]

Can the city ask you to remove trees that they think potentially one day will fall and they are on their easement

[@thatgarywilliams]

@francarohdy9482 the city asked you to remove trees that may fall 1 day? If that's the case, i would contact the city and ask for help with this. I haven't heard of that before.

[@francarohdy9482]

i've lived at this property for 20 years and never had a problem, A man that works at the city of grand ledge moved in and his property backs up to the easement so I am certain that this is an overreach of power. They said that they're not in charge of maintenance. I located the easement agreement and I'm not an attorney but the way I read it they're in charge of maintenance on the easement.

[@thatgarywilliams]

@francarohdy9482 sounds right to me... they need to get on the same page with you. Lmk how it goes after you speak with someone other than the guy telling you to cut down trees on the possibility of them falling...im with you on this 👍

[@tkoborny]

Ingress egress easement ends at the dominant tenements property line providing only walking gate access. There is no driveway or parking on the dominant tenements property. The rear property is a rental in the lease the dominant tenement includes parking on the easement and an additional space on my property next to the easement which causes me to have to back down a 150 ft driveway to exit my garage. This property also shares my well with a well agreement. I have received no compensation for 3 1/2 years but, she knows I can’t afford to hire an attorney because I’m a 100% disabled veteran and income is limited so I am forced to continue to pay the high California electric bill to provide water to her tenant. Now she has listed the property for sale to include parking on the easement. I have done all upkeep of the easement which is difficult due to my disability. I ask her if I could get a loan using my home equity could I buy the house and she refuses to sell to me. I can’t sell my house because I would have to disclose the issues with easement and well who would take that on? I’m at a loss so I just continue to let this person take advantage of my situation.

[@herascamander5706]

Who is responsible if there is a utility easement where excess rain water is collecting and causing issues because there is no drainage?

[@thatgarywilliams]

@herascamander5706 the owner of the property is responsible for maintenance and upkeep of the area...the utility company needs to have access to the easement area.

[@annathiel2593]

Does the land locked easment user who does not have a home on their landlocked property (pasture and timber), have the right to lay gravel on the easment owned by the serveant home owner? The easment is well maintained, properly drained grass and is only used by the easment holder once every two weeks or so. It is a egress ingress easment as well as utilities. Thanks

[@thatgarywilliams]

Thanks for the great question! I don't think you can improve the property if you have an egress ingress easement. Your easement is for the specified purpose. I can tell you how I would handle this. I would reach out to the property owner and talk about the easement and access to your property. And acknowledge that it helps with your ownership being able to get to your property. I would also ask about working together to make it a win -win situation. Where you work together to make the area accessible without tearing it up. And have a solution to the problem. My mom and I spent a lot of time letting people know that communication and objective solutions can solve most property disputes. Please let me know how it goes...And reach out to me directly if you have more questions...I am always happy to help!!!

[@Jes204]

How about people parking their car in the easement making in and out very hard to do and we speak to them never listen ???

[@thatgarywilliams]

@samcali6925 sorry i am so late responding to your question...i don't think you can block access of an easement. I would speak with an attorney about this. A good real estate attorney can help you with this for sure. If you have easement rights, i don't think they can be blocked...that would be like a utility company having easement rights to clear trees...and the property owner will not allow access...i don't think you can block access

[@BrianAnthony-v8u]

PGE in California is placing an above ground transformer on my property. They have torn down my retaining wall which was 12 feet wide and 6 feet high. They said at the beginning I would get plans and we would agree on something before the work began. That never happened and I went to my cabin and discovered my wall is gone and a cement pad is poured for the new above ground transformer. I am at a loss and don't know what to do. Do they have a right to do this without any talk about the plans before they started the work? I was told the easement is 20 feet from the center of the street and the transformer pad is 22 feet away from the front of the pad so basically on my property. Thanks for any advice

[@thatgarywilliams]

@BrianAnthony-v8u sorry for the late reply! The first thing i would do is reach out to them and ask to speak with someone that deals with easements. There should be a person to contact. And let them know you need some help with this. Asking for help is always the best first step. I deal with a lot of different people in positions that deal with problems...and asking them for help usually gets a good outcome. Keep in mind they hear a lot of negative feedback daily in most cases...being objective and polite usually helps them help you and feel good about it. Lmk how it goes after you speak with someone 👍