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Hi! Just stumbled on to this service - wow! We have a utility easement in our backyard due to the power pole in the neighbors yard. Are we allowed to build anything on the easement section of property?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

From us?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There are 3 easement listings in the original title report. Don't know which takes precedence

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
10/5/2017
Real Estate Lawyer: ScottyMacESQ, Lawyer replied 7 months ago
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 18,123
Experience: Licensed General Practice Attorney, Texas
Verified

Thank you for using JustAnswer.

Yes, but understand that anything that you build could be torn down if they need to access the easement. I assume that it's for underground pipes / cables / etc... so that if they need to access them and you have built on top of the easement, they could remove the structure AND hold you responsible for the costs of removal. It's not that often that this happens, but it's possible, so understand that there is such a risk.

As far as which takes precedence, it's generally the first one filed (that is not released either by a subsequent filing or by explicit expiration under the terms of the easement).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Real Estate Lawyer: ScottyMacESQ, Lawyer replied 7 months ago

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