Utility Easement
Site Planning and Design says "Utility easements may restrict planting large trees or building fences" Can we propose a new gate withing the utility Easement?
Thank you in advance!
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Hi Saba,
Usually you cannot touch a utility easement. They may need to drive a truck over it to access power lines, gas lines, etc. I have seen situations where utility companies or public water supplies have put up gates or fence, etc that impedes a property owner access to their own property. Unless they have reserved the right to do that in the deed (or you own the property) you cannot put a gate on the property in the easement.
Hope this helps!
Rebekka O'Melia, R.A., NCARB, B. Arch, M. Ed, NOMA, Step UP ARE 5.0 Courses
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The answer is probably not, depending on the exact language of the easement:
A gate will require structural footing which is typically NOT allowed in the easement area.
Gang Chen, Author, AIA, LEED AP BD+C (GreenExamEducation.com)
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my initial thought is no, but then you'll find questions like this on the exam.
Question 46
An owner has a small property that has a ten-foot-wide side yard, which includes a four-foot-wide utility easement
that runs along one side of the yard. The owner has hired an architect to assist in locating a new 7' x 7' shed in the
side yard.
How should the owner proceed with the construction of the shed?
A. Construct the shed because they own the entire parcel.
B. Request permission from the utility company before constructing the shed.
C. Do not construct the shed because no structure can be placed in the easement.
Your answer: C
Correct answer: B
CORRECT RESPONSE
Request permission from the utility company before constructing the shed.
The property owner must receive permission from the utility company before building on land designated as a utility easement.
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