Quick Answer: How Far Away From An Easement Can You Build?

What is the difference between a setback and an easement?

A “setback” is a limitation on site development which generally requires a building, structure, or other item to be placed at a specific distance from a property line.

An “easement” is a portion of the property reserved by agreement by the Property owner that allows access on or through the property..

What rights does an easement holder have?

An easement is a “nonpossessory” property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn’t allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder’s use.

What is setback line?

The term “setback” refers to the distance (measured in feet) a house or structure must be from the front, side and rear property lines. Setbacks allow for access to underground utilities and distance between properties.

How close to a property line can I build?

At least 3 ft. from side or rear property line. No closer to front property line than front wall of main building.

Can an easement be blocked?

Easements can be created in a number of different ways, but easements are most often granted in deeds and other recordable instruments. … Moreover, the courts have also ruled that the owner of property with an easement running over it does not have the right to block or impair the effective use of the easement.

Can a property owner block an easement?

An easement provides certain rights and restrictions and owners of land with registered easements should understand their legal implications. … Owners are generally prohibited from building over or too close to an easement or must obtain approval from the authority who owns the easement to do so.

Can you sue for an easement?

As any real estate lawyer will tell you, easements tend to become a source of legal disputes. … He or she might also request a termination of the easement. The dominant estate holder may sue for trespass. Also, both parties may be able to request money damages for certain acts.

What is a no build easement?

The purpose of the No Build Easement is to grant to LLC and its successors and assigns a perpetual right to receive and enjoy light and air and allow LLC to construct windows on the East Side of the Building located on Benefitted Property.

How close can you build to an easement?

Any development or proposed structure must be at least 1.5 metres from the point of connection.

Can you build on an easement?

Yes, you can build on a property easement, even a utility easement. … The dominant estate owning the easement may need to access the easement. Anything, from a house addition down to fences, shrubs, and children’s playsets might need to be removed in this event.

Is it bad to have an easement on your property?

Utility easements generally don’t affect the value of a property unless it imposes tight restrictions on what the property owner may and may not do. … For example, beach access paths that are technically on private land, but have been used by the public for years, may be subject to such public easements.

Can you put a gate on an easement?

Easement Holder Rights vs. the Rights of the Servient Estate Owner. … For example, as long as an ingress and egress easement does not state that the easement holder has unobstructed access or an “open way,” the owner of the servient estate may put in fences and gates over the easement area.