Rural Land Purchasing: Know the Difference Between an Easement and Right of Way

[@allenzacharias4276]

I own property that surrounds a county owned airport on three sides what a headache. They purchased an air easement over part of my property from my family in the past. The problem is every time the airport hires a contractor the contractors think the airport owns my property when in reality they bought the right to use the airspace over my property. Technically you own the airspace over your property only up to around 180 to 200 feet above the ground level depending on which agency you talk to. Above that is public domain. I really like the videos very informative keep up the good work.

[@jeremyratliff1038]

Information like this is so valuable to folks who don't know that may be looking for rural land. Thanks for sharing your knowledge. This is one of the best channels on KZbin.

[@WilliamRoberts67]

Hi Troy, In California we have a thing called "easement by prescription" meaning that if the public has been using a path or road as a "right-of-way" for a certain period of time, they have the right to continue to use it forever.. This can only be broken by nipping it in the bud by closing the right-of-way for a day (or longer) once a year to deny the public access.

[@Bigrignohio]

I have heard more than one story of counties stopping maintenance but NOT releasing the easement. On the flip side there are back roads in southern Ohio that had the Amish buy all the land on and they took over the road from the county. Interesting how different counties handle things differently. Edit: And yes, mailbox baseball was a thing in out area. And yes, my grandfather did the box-in-box trick with a swing away arm.

[@markee063]

Been counting the days. We close this month and will be on the ground and property searching by July. Harrison county area. You've been very helpful.

[@DieselRamcharger]

good luck! takes big nuts.

[@ch-liveth864]

My my my you should be teaching a class you make a complicated thing so simple - thank you for what you are doing keep up the good work. Appreciate it.

[@iztherelife1340]

We just lost our case regarding an easement. Our neighbor alleges he has an easement although it’s not proven anywhere other than an ambiguous mention in an injunction years ago. And I believe it’s a misconceptions about the county rd easement in our tract description. Nothing more. So. As it stands this jerk has full rights to drive all over my tract and ruin all use and enjoyment for us. We have a small tract. It’s impossible to use our property for which we intended it. Which was quietude. He plans to build a cabin resort property and run all traffic and construction thru our property. Did I mention he owns the adjoining property to these tracts? Which gives him full access without interfering with our property whatsoever. He simply would rather use our roads for his benefit and avoid his quietude being ruined by his guests driving past his door. It’s wholly unfair ruling. A judge thinks this is fair. No necessity. No clear defined easement. Nor any easement proof at all. I’ve lost all value for our purposes. And because this judge spent three full months coming up with the rule of ‘you knew you had an easement when you bought it’. Period. What a ruling. I have to pay both sides of court since I lost. And soak up the loss on value as well. Which means our plans to retire and try and get healthier are destroyed. We cannot retire any time soon now. A judge just ruined my life for the time being. I’ll remain in an unhealthy work situation instead of retiring as planned. My tears have run dry. Now to try and sleep.

[@angomes8635]

Similar boat. I'm hoping to go to law school because of my situation. In my opinion, I had an incompetent, self-serving legal team coupled with miscarriage of justice. I've dubbed it, death by a thousand cuts. Reach out to Pacific Legal Foundation - non-profit helps to fight government overreach. Nothing feels worse than being defenseless. Peace be with you.

[@iztherelife1340]

@@angomes8635 it’s too late. We sold the property at a loss just to be rid of the vile neighbor. I’m just sick over it.

[@jakejake7289]

Man sorry to hear this. Hope you have some peace now.

[@USSBB62]

Thanks so much. Having the back 40 with a Cemetery Easement plus an Easement for Road and Utility purposes appurtenant to parcels 2 & 3. Mine being parcel 2. Oh, and a Conservation and Scenic easement also. I have them all. Has been an incredible education before purchasing. You're so right on with your advice ! Bless you and the family. Godspeed

[@whoathatsalotofdamage3718]

As a gas technician, who has to check the transmission lines like are on your property for leaks, I appreciate this content. So many landowners get surprised when were threatened and "trespassed" (we cant legally be trespassed but the landowners believes it to be so) and we return with either a court order or a police escort

[@GratefulDiver]

There's an entire FB group about elderberries with thousands of members that needs to watch this to the end. Couldn't tell you the name of the group, can't point it out to them, got punted for trying to tell them this in FAR less polite terms.. :P

[@itskeser]

This was so helpful! Loved how you showed real examples from your own property.

[@RoseMarie1933]

Thank you for your content! I have worked for a land developer for a few years now and am trying to teach myself how to apply for these types of grants and easements to further make myself an asset to the company. Thank you! I wish I could find a course that taught how to fill out the BLM applications for easements and ROWs, but I have not found anything yet.

[@peggypastime1278]

Growing up we had the same problem with our mailbox being taken out (in FL). My father installed a well casing in front of the mailbox post. That was 50 years ago and it hasn't moved an inch. We go by to see the house and laugh every time we see that mailbox when we are in the area. ;)

[@donmulder8061]

Like on the side of the mailbox but before it so it makes i hard to drive p on it and hit it? Or between the mailbox and the road?

[@FrostyThundertrod]

My grandfather managed to get his hands on a rail road rail not the tie but the actual steel rail, My Uncle Norman had a well drilling rig the set that rail deep and set in concreate. when the plow hit after that the county would send him a letter treating to make him pay for the repairs to the plow.

[@Jethrosgarage]

VERY good points raised, and every municipality has some what different laws etc or the enforcement differs. In the part of MN I am from, you CAN NOT put a fence right on the edge of the county road, and further we have another sub set called "township" roads that may have other rules. The fence must be back x number of feet from the road center off the "right of way" Speaking of abandoned roads- there is the remains of a road bed on my family property, snaking over east to other properties. It was abandoned when the county re routed the county road reportedly (and shown on old, old plat maps) in 1915. About fifteen years ago, my dad and the other two neighbors were contacted by a lady many states over. Seems her great uncle had given her a small lot in his will. She wanted to sell said lot- literally less than 100x100 feet, and in the corner of three neighbors properties. Now totally land locked unless anyone wanted to deed her access, and too small by county code to construct anything requiring a septic system. Dad offered ten bucks and she was totally offended, he told her to contact a realtor, who likely told her that is about all it is worth.

[@KillroyX99]

When you buy land, you typically use a title company, and they will do all the research at the county for easements and restrictions. You will typically buy an insurance policy for any mistakes.

[@golfbravowhiskey8669]

Good content. I enjoy when you talk about land and rows

[@TimG...]

Great advice; thank you for sharing your thoughts and experience!

[@eli-kwfmjc-doctrine8313]

WHAT DO I DO IF the county didn't file an easement but just plowed a road through. There is no recorded easement.

[@TN-Land-Manager]

Yes, would love a video on the family cemeteries. A lot around my area in rural Tennessee.

[@kenlee5015]

I have the exact situation discussed, power co has put in a beautiful road across the back that crosses my neighbor and my land. We each give permission of use to each other. The road goes into State forest land, so the hunters and firewood collectors all think they get free access. It's a constant argument, chasing folks off. I really need a gate. We have a 2nd easement on the lower driveway for the neighbor's driveway. It was written poorly and if taken to court would give him control of quite a bit of the land surrounding that drive. I'm sure that wasn't intended, just written by laypersons. But, be careful of what you're giving away.

[@brydonlidle9283]

Thanks for the closed captions

[@richardhaynes110]

Thank you , will be looking for land come spring. Quite valuable information.

[@erwinbrubacker7488]

I just love learning more about properties, well put !

[@jwhiskey242]

Thats the biggest headache of owing rural property - keeping other people off of it.

[@chandracox6814]

Fence it. It's not that difficult.

[@munsters2]

​@@chandracox6814 Didn't you listen to the part about the gate being torn down?

[@lisanowakow3688]

I never did it myself, but the sport of mail box bashing was popular in Fairfax, VA. Your garden is really happening!

[@arnoldromppai5395]

keep in mind id you have a pipe line running though your property, you can not run you big farm tractor, skidder across the line, if you do you will have helicopter flying over you in seconds and landing, and give you a hell of a talking to, then they have to come in and open up the pipe to test for any damage, they have weight censer pads run on top of the pipe, that when triggered sent of an alarm at head office. to get them to build you a crossing, have fun with that, because they dont want to spend the 100k ir takes to put a crossing in just for you, i have both a big hydro transmission line and a pipe line run though my land side by side at 1000 feet a part. also these hydro transmission lines and pipe line is owned out right by the companies.. but they will give you a letter saying you can use the land for live stock, garden, there are a few areas were a land owner owns a very short peace. not many

[@markp6062]

VERY informative! Thanks for sharing your knowledge and wisdom on this topic.

[@averagejoe-kx4sb]

extremely helpful and well spoken. i’m addressing the same issues on my rural farm in louisiana. i’ll hire a title attorney as you’ve suggested. thanks

[@donmulder8061]

I lived in a busy area of Fairfax, Va and one of the neighbors thought the internet easement that ran along the street gave him access to my front yard because his plat showed it coming onto his lot from mine and so he figured that made it a mutual thing but where his rights on my land were exclusive to him but I had no interest in his front yard apparently. I now live in another county in Va that is rural and a new neighbor just came from Fairfax County who believes that my county stormwater easement gives him access to my stream. The county only has a 35 feet easement from the front of my lot and only around the pipe that goes under the road. The easement instructions are clear -- granting access to the county for inspection, maintenance and replacement of that pipe under the public road. But because that easement cuts a few feet across the neighbor's property boundary where he too gives the same easement to the county, he says it is a tie that binds and gives him access to a 350 foot stream on our land. I put up a fence. I wish I could tell the county to bar access but that isnt in the writing. PS: We have the occasional mailbox sprees here too. Good point about the hardening of mailboxes as it does bring liability. Out here in NW Virginia the preferred defense is a regular mailbox lined on the inside with concrete or the fancy stone mailbox enclosure.

[@chandracox6814]

You sound like a nightmare neighbor....always going to be a problem no matter where you live.

[@donmulder8061]

@@chandracox6814 Why? Because I dont want neighbors claiming my property because they dont know what an easement is? I think we all know who the nightmare neighbor is. It's people like you

[@cboy132]

There was a mail box on our road that cars in the winter would get raped around. The box didn't move. The box was shot with a 7mm Mag and it only went threw one side.

[@joemc111]

Good class today, I bet more then once you were sitting in your home and heard a dirt bike or four wheelers ripping up your road past your workshop.

[@philcrump9697]

Great information. I live in northeast Missouri and our family farm is situated similar to yours is but our county road dead ends at a river. Your video has the answers to questions I have that a survey company refused to answer.

[@sellmyproperty]

Great advice. We thought you explained the differences well!

[@zachb.637]

There is an inherent reduction of property value associated with some easements and this can reduce initial costs and tax burdens. This can be looked at as compensation.

[@Reziac]

Yep, we knew those industrious mailbox redecorators here in Montana too, except they liked to use sticks of dynamite. This ended abruptly after they tried it with a mailbox built like your granddad's. And friends have such a historical cemetery on their ranch, but the original family is completely gone so access isn't an issue. However there's one on the side of the freeway in Santa Clarita, California... not sure what happened with that one. As to expiration of rights of way... that's as good as whoever has the better lawyer or deeper pockets. Friends' aforementioned ranch had that problem, and lost in court. (And ranch owner is an attorney.)

[@FreeAmerican]

In my state, right of ways are viewed as a subcategory of easements. A dedicated ROW or easement means that the easement is recorded in our Probate Judge's office. I "own" half of the road in front of my home and I get the privilege of paying taxes on the property. Do I have any say on the road? Can I shut my 1/2 of the road? Nope.

[@evelynrogers7145]

Good for your grandfather

[@ICRangerT]

I live in wayne county wv and when the state took to the 15 ft right of way over they took a 22 ft wide strip of land centered on the old 15 ft right of way

[@ajpsawmill4314]

Very informative. I like to buy n sell land. Do yourself a favor and buy land that has no right of ways, snow mobile trails or easements through it. The most important is a land survey. Do not buy until it's surveyed and marked. Especially here in NY.

[@bwillan]

Good luck with that. In rural areas, such a piece of land would be a unicorn.

[@ajpsawmill4314]

@@bwillan maybe where you are, but I have no problem here.

[@jtelectric9905]

Question.... Who's deed will the ROW be recorded on if there is one? Will it be on the property owner's or the person's deed that is using the ROW for access to their property? Thanks

[@jtelectric9905]

Also forgot to ask who's responsibility is it to maintain a ROW if it serves no value to the property owner?

[@diggernash1]

ROW in my state is generally owned outright by the entity to which they pertain. In particular, Georgia Transmission must pursue "tresspassers" on their ROW. The adjoining property owners have no standing to stop persons from accessing these ROWs. But one must be careful, as some power lines are on easements not owned by the utility.

[@farmerblue2002]

Thank you. Very informative. Helped me learn a lot. Appreciate your time and effort.

[@belindagray3005]

My uncle after losing 3 or 4 mailboxes put a regular mailbox inside a package mailbox then filled the space between the two with cement. Couple nights later heard a thud followed by loud scream. Never had mailbox problem again. Guess word got around or something.

[@diggernash1]

A chain and a trailer hitch works well to remove hardened mailboxes...allegedly...they also, allegedly, make sparks behind the alledged truck. Bowling balls allegedly carry significant momentum when hurled from the back of a truck at 60 mph...or atleast rumor has it...

[@phillyfathead]

Great info, clearly stated thanks

[@jar407]

good advice but i differ on just 1 point have a title insurance company do the search since they guarantee . a lawyer can die tomorrow so then you start over. i never buy property without it. we got a bill for years past taxes after being in home several years. called them that took care of it. and your right grant access record it if your county does that and even so this was advice i heard yrs ago if you allow access 1 day a year block it . not sure they ment granted specific access more like a path to water rec ie creek lake etc it just signifies its private but allowed . there was a creak behing my aunts house and a path. but when storn destroyed her fence and they could not afford to put new one up they started using her back yard instead of the path

[@Sue-ec6un]

Thanks for the important info you’re sharing here. It sure has me thinking more deeply about these land issues. The last thing I want to do is make a big money mistake!

[@bevlower6793]

THANK YOU. This is useful information.

[@khanfinanceacademy7202]

I am having a hard time understanding a situation. I am in process of buying a land with a right of way to the main road. However, county is saying that the road was owned by DOT and was abandoned. And since the drive way was abandoned, it's no longer the right of way to the property.. even though it's on the deed. I don't know what to do. It's in NC.

[@QGuides]

Thank you! 🙏🏾

[@MichaelHerringValdosta]

Great video. Very interesting. Thanks

[@davidgrimshire6671]

I was just watching the news where three property owners were being kept from entering their land because a neigbour wouldn't allow them to use the easement. This explanation about easements is still important even though it is two years old and left me with two questions. One: I noticed you don't have private road or private property signs. Do you need them? Two: In Canada you would own the land up to but not under your creek. This means that someone could canoe or simply walk through your creek as long as they stayed off the creek banks. Is it the same in WV? Oh, one more question, can you put a Dam on your creek? As always I enjoy your posts.

[@ericc3327]

Love the content, just wish that every time I watch you videos I didn’t have a craving for Tudor’s. Nearest one is about a 2000 mile drive!

[@johnrenaud690]

This was great. Saved.👍

[@djdonp-rc2su]

Thank you

[@jimmieburleigh9549]

We have the same issues here on easements etc. We also have those cemeteries dotted allover the place so yeah more detail would be interesting to see differences

[@ukjw2]

If I have an ingress/egress can I use it to run power to my land?

[@ricdenali4213]

Cemetery video... I like it !!

[@savagenomore]

if I bought land with a cemetery on it I would keep it up and the road going to it would be open..

[@philliphall5198]

That’s communist sense but greed can be hateful

[@philliphall5198]

Common sense Dam it

[@Senthiuz]

​@@philliphall5198Our road.

[@jbbrown7907]

I scale standing timber for an Amish saw mill. I am charged with finding the property boundaries. On townshiproads it is easy. On county roads they take more. As long interstate 71 the fence is well within what is theirs.

[@NYFreeman]

As always awesome explanation.

[@jodysappington7008]

great information .thank you

[@erwinbrubacker7488]

I was at one time a mailbox basher ! At my grandparents 50 th anniversary, we bashed their neighbors box, yes we got in trouble ☹

[@erwinbrubacker7488]

This was in Lancaster Co, Pa.

[@slagmaker6780]

And... the center of the road might not be the road you see, but what is on paper...

[@toddcaskey9984]

Most by me are 33’ to be a total of 66’ and 49.5 for a total is 99 ft and at an intersection it’s more . They made them so big so they can do what they want and not have to worry legally the telephone and electric poles are always on the roads right of way . I worked for the state Dot and it’s usually the heavy snow took the boxes out . Now we did purposely take out some if they gave us trouble before lol or to avoid a head on .

[@hart796]

Great topic and I learned a lot. Ty vm!

[@Hardworkandrealestateprofits]

Very interesting thank you 👍

[@pacannon70]

How do I keep the "township" not the county from stealing our land...the township has decided to take possession of the of an easement on our property

[@philliphall5198]

So which one is best to have to get to your land forever ???

[@tommy2facetv]

Super informative!

[@WillN2Go1]

My cycling friends and I back in high school wanting to be friendly started to high-five hitchhikers. I think we did it only twice. Both hitchhikers howled in pain. Just the 5-10mph of us on a bicycle was enough to release a painful amount of kinetic energy to the stationary guy. But what happens when a yahoo in a car going 20-30 mph leans out and hits your grandpa's Western Front steel bunker mailbox? Does the bat bounce back, shatter? Does it break bones in their hands? It's basic physics but like high-fiving hitchhikers it quickly becomes something different. A drunk ran off the road and took out the corner of the fence by my house 15' from my son's room. Deciding I would rather have the next drunk die on that pole than get any closer to where my child slept, I replaced the 2" galvanized pole with a 4" heavy duty pool sunk four feet with about 6 90 lb bags of readimix. The next drunk wasn't drunk at all, but using the driveway to turn around got hung up on an old cement post remnant (on the other side) gunned it, shot off the post into the fence and hit my house right at my son's room - no where near my tank proof post. His car didn't go through the footing or into the structure and the guy and his family came out the next day and fixed the fence. So I figured safe enough.

[@20somthingrealestate]

Didn't he fall in the pool?

[@johnjones4643]

Very good information . ..

[@TheIrishdriven]

Cemetery on top so graves don't get flooded

[@SM-bu9bz]

Hey thanks for the info! I'm currently trying to get myself sorted to move to West Va in a few months, this info is a wealth of knowledge for this Yankee. One concern I have, and frankly the biggest shortfall of the state( maybe? Whats your thoughts) is the lack of internet access. I think the state and really draw many like minded , freedom loving people if the access to high speed internet was there. Covid showed that many people can move back rural and still perform their jobs if they have internet. Thanks again!

[@richardphillips7790]

Moved to W.V. to get away from internet and closer to nature. Don't need to carry around a cell phone if you have no service.😊

[@SM-bu9bz]

@@richardphillips7790 I hear ya, but some of us need it to work ;)

[@msheaver]

Troy, what about other types of easements that may exist on a parcel of land, such as wetland easements or conservation (i.e. CRP) easements? How can perspective purchaser find those? Are they caught in a deed search, or do we need to contact local USDA reps for that?

[@arnoldromppai5395]

i dont know about usa maps but all Canada maps clealy show all conservation and wetland reserves, and are always posted no hunting or fishing, there not easements, never has been, they can back you land or on one side or both, just like a good map with show what is crown land (Public) and what is owned, as well as a red dotted line showing a public old road or trail, many areas here when country roads were layed out many moons ago, they never built the road/s all the way that was layed out, so many have cut the brush out an use ATV, TRACTORS. LOGGING

[@criticalwokeracisttheory4645]

what if there is a privately put in underground power line running through your property to power a subdivision, is that an actual utility easement if its been there for over twenty years?

[@munsters2]

15:50. If the only people allowed on an easement are employees of the easement owner, and only while they are working, then how can a county road commission, which owns a right of way easement, allow the the public to travel on that easement?

[@winki51z]

Good info

[@tiki_t]

County road right of way, what is the public right of used for the area beyond what is paved? Does that include the someone being able to park on it and/or do business on it (in a rural setting)? We have an issue of people rutting up that easement that is attached to our property, causing erosion on our hill, and it has turned into a nightmare to constantly needing to repair/clean up. I've asked the county for help but they say they don't touch them. So does that mean they abandoned that easement?

[@RedToolHouse]

They have to do one or the other. Either abandon it, which returns it to the property owner or maintain it. May have to get a lawyer to write a letter to the county.

[@tiki_t]

@@RedToolHouse thank you!! I have reached out to the county to ask for help but if they don't reply, I am going to go this route.

[@alexanderpitman9433]

Heard about a guy in Indiana that cemented in his mailbox just below the 22 inches above ground level that is the legal limit for roadside obstructions. Then he planted flowers around the aboveground cement pole. The next time that the local hooligans tried to run over the mailbox with their car, he lost the wooden pole for his mailbox, but they lost the undercarriage of their car as the hidden cement ripped it out. On the upside, the police finally caught the bozos that were running over mailboxes... Again, you've neglected the issue of Right-to-Park. Some parking lots are owned by one party, but another nearby land owner has the right-to-park in your parking lot. Sometimes this can go away if the business in question ever becomes something else. Example: If a church is the business and it ever stops being that sect of a church. Worse, is if you try to purchase a property that has a transfer clause on it. I know of one Baptist church in Kentucky that sits on land that has such a transfer clause. If it ever stops being a Baptist church, then the land transfers back to the original owners of the land.

[@arnoldromppai5395]

i dont think he neglected parking lots, he talking rule land, not city or town ships, here if people want to park in the bush or camp, we have miles after miles of crown land, in fact my land backs up to over 300 sq miles of crow (public) land

[@Joshua-le1vn]

Can you create a day in the life video? Showing your daily activities?

[@georgeshotrodbarn2113]

Are they still delivering packaged right to you home. it amazing for a west Virginian

[@aovoonthefarmsouthernillinois]

Nice video.

[@markweinsheimer9129]

is land cost expensive in your area ? I know what county you are in and my wife and I are possibly looking for 3 to 10 acres or so in that area . love your channel, very cool.

[@rogerclarke7407]

How did West V get such messed up property lines and right of ways. My area of Ontario Canada the survey crew were ahead of settlement. 66 foot road right aways were there from the start, not always through passable terran, but every 100 acre parcel abuts a road right away unless there was a lake or river there insead.

[@HarrisonCountyStudio]

It’s not really that bad... just different.

[@jerryinmon2731]

In my area of Texas they ran over them in their trucks.

[@munsters2]

In Michigan, particularly in cities, your lot (property) only begins at the edge of the right of way. The city owns the entire right of way, including the road, the grassy area and the sidewalk (if any). The odd part is they can (and do) force you to maintain their right of way such as snow removal from sidewalk, mowing the grassy area and weed removal from the grassy area. In some jurisdictions, I think they can force you to repair their sidewak, also. Communism at work. And probably no workers compensation if you get injured while working for the city.

[@ravenridgehomestead4596]

Maybe you can answer my question..I've got a new land owner next to me who has threatened to block my gateway... but when he was informed of my easement... he then has threatened to put a fence on the 30 foot easement BUT MY DRIVEWAY goes past the 30 foot mark in some places.. the driveway has been here for 20 years .. do I have a legal right to keeping the road as it is. Or can he put fence on the line blocking my road?

[@FreeAmerican]

It depends on your state law. In my state, you can gain title if you adverse possess property "under color of title." This is usually when you are dealing with adjacent property lines. Everything else requires 20 years.

[@fishydubsfishing6516]

For get the ball bat we used m 80s

[@dash-qe3ul]

I'll never sell my easement 1. They low ball you . 2 if a property owner buys land next to you , they have the right to dig up your property and buildings to get that person service by any means. 3 I don't want big equipment tires tearing up my land . 4 I don't want to put up with entitlement attitudes. &5. Now you have to get permission from them to dig .

[@grandpaslakehouse-homestea6113]

Dazed and Confused. LOL

[@pattiannepascual]

Very useful,informative video. And those sub-humans who go around literally knocking gates down is a good reason to own a shotgun.

[@20somthingrealestate]

That's so cool. How many people have you shot?

[@ShrimpTechStocks]

Dayyuuum Hoss

[@markee063]

I really really like your grandfather now. Definitely gets a pass.

[@deborrahdutra5599]

That's hilarious

[@Houses2Highrises]

I mean this guy suspiciously knows a lot about 'mailbox baseball'...

[@befit4always]

Let me clarify something this guy is basically right but these aren't county roads this is part of the good neighbor act you provide an eastment so. Your neighbor will do the same for you you play. H*** trying to get to. The store when you? Can't cross anyone's land it's not 4organizedcrimewhichwouldbethecountyandthezebrasquad

[@wildmanofborneo]

Can a lien be placed on a property whose fence encroaches into a recorded easement? Or how can the easement be enforced to require removal of the fence?