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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111450
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a 20' easment on the edge of my property city to gain

Customer Question

I have a 20' easment on the edge of my property for the city to gain access to a retaining pond. The city will not allow me to put my fence on property line and if I put a fence my property,next to easment they will not be able to gain access due to tutility pole and fire hydrant blocking the 20 ' easment and also part of a lift station that is on my property. Now they want to increase the rasment. Can I fight this?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot act on your property in any manner that in any way impairs their easement. So if the fence will obstruct the easement in any manner, I am afraid that you cannot fight that. In order to fight the city, you have to prove the fence would in no way impair the easement, but if they cannot access the utility pole and fire hydrant, then you would not succeed in getting the court to agree that they are infringing on your property rights.

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