Question:

Can a person that has an easement to your property fence said easement as to keep u from useing it?

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if u have a property and someone has an easement can that person fence the easement as to keep u off of your property

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  1. They can fence it.  You can cut out one link in the chain that locks the fence.  You put your personal lock where the link was.  Now you have access to your own property but it is protected from strangers.  The local electric company does this in Phoenix when they have to get across your land to get to their equipment. /


  2. No, an easement on your property is a persons right to use the property for a specific purpose, ie phone line, water line, sewer line.  If you are running into this type of problem you should bring it to the attention of the title company as they have provided you title insurance for the ease use and enjoyment of your property.

  3. Generally no, easements do not give them any rights to exclusive use, they are usually only there to access their own property.

    However, I do believe the power company can fence off their equipment, but they have to pay you rent for the land they are fencing.   They can not put a fence that disallows you access to the property though, as in over the road.

    It sounds like you may have more of an encroachment issue then an easement.

  4. In general no, an easement is the right to use the landlord for x, i.e. traveling across to reach your land, but and easement does not give the dominate landlord owner the exclusive right to that said property and the bundle of property rights that come with it, if you where to look on the deed or a survey the easement would be identified but that land and the tax deed would not  be in the dominate landlord owners name but the servant landlord owners name  

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