If I put a fence up on my easement that the landowner approved and it runs along the surveyed easement line but is on my side, can the landowner claim it as his?

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If I put a fence up on my easement that the landowner approved and it runs along the surveyed easement line but is on my side, can the landowner claim it as his?

Asked on October 3, 2012 under Real Estate Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is an easement...so the landowner allows you to have the easement but the landowner has no say about your fence if it does not encroach on his property.  Your best bet is to make sure the deeds registered and easement registered with the registry of deeds are accurate. Make sure your surveyed property lines are proper so you avoid any issue regarding the fencing.


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