easements

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    David Kaplan

    Andrew,

    You are correct that generally speaking, you can't build on an easement, and when I say "build" I am referring to an actual structure - a building.  Many times you can however do site improvements on an easement, like a parking lot, landscape bed, etc.  The intent is that the easement needs to remain accessible by whoever has created it in the first place (example: a utility company).  They can access the easement area if it's just a parking lot there no problem.  But if there's a building sitting right on top of an easement, and that easement was say for underground utilities, well you just made those lines inaccessible.

    When it says "unless you take permission to do so," yeah, I suppose if you were to ask the utility company "hey, we see you have an easement on this property.  Is that still applicable?  Can we build our building on here?" it's possible that the utility company may look through their records and discover that the easement is outdated and no longer needed.  Perhaps they have long since removed those utility lines off the property but nobody bothered to ever formally remove the easement of the legal plat.  Things like that can happen, but yeah you'd have to ask and find that out, and you'd likely at that point have to formally get the easement removed off the property or at the very least, get a formal permission letter from the utility company with permission to build on top of it.

    Hope that helps. 

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    Andrew Naam

    Yes, it did! Thank you so much!

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