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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32313
Experience:  Began practicing law in 1992
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I am needing to build a wood privacy fence between my

Customer Question

Hi - I am needing to build a wood privacy fence between my home and my neighbors home. We both have a 10 foot easement that separates his back wooded acreage from my property. He is not a nice person, so I want to make sure he cannot insist we move the fence from the easement once it's in place. My deed does not specify anything regarding easements. It is not blocking a road, or utilities of any kind. Simply the easement is separating two properties. The county judges office where I live (Arkansas) told me yesterday that there are "no restrictions regarding building a fence in an easement". Please advise - I want to be sure. (I have to put the fence on the easement because the "side" of my driveway is exactly on the edge of our property line.) Thank you!! Jill
Submitted: 7 months ago.
Category: Real Estate Law
Customer: replied 7 months ago.
Ps...I am located in a subdivision in the "county". His property, although it butts up to mine, is not in the same subdivision and is considered the "city".
Expert:  Dwayne B. replied 7 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Normally an easement prevents any building on it which would interfere with the use of the easement. As an example, if there is an easement for utilities and you build a deck on top of the easement and it becomes necessary for the utility company to do some work then they can tear up the deck and there is no requirement for them to reimburse the owner. If your easement is to the next door neighbor and your fence will prohibit the use of the easement by them then they can have it torn down (or go to court and have the court issue an order requiring you to tear it down) and they will absolutely be entitled to have it done. The best thing for you to do is to get a local lawyer to review the deeds and the easements to determine their purpose and then to see if building the fence will interfere with it. My guess (without looking at the documents) is going to be that if you try and build the fence then you are going to have to stop or tear it down. That is because every easement I have ever seen is there for a purpose and the landowner can't just chose to ignore it. In theory there could be an easement granted and the purpose for that easement no longer exists and thus you could have a court declare it void, but I've never seen it done.

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