You own your land — but an easement gives someone else the legal right to use part of it. Build a fence across the wrong easement and the utility can remove it without warning and without paying you a cent. Here's how to fence near one safely.
What an easement actually is
An easement is a recorded right granting a utility, municipality, or neighbor access to a portion of your property. Common types are utility (power, water, sewer, gas), drainage (ditches and grade lines), and access (a shared driveway or path). All three can limit or prohibit fencing.
Find your easements before you dig
- Check your title commitment or deed — recorded easements are listed there.
- Pull the plat map from the county recorder's office.
- Call 811 to mark underground utilities before any post hole.
- When in doubt, order a survey that plots easement boundaries.
What you can usually do
Many utility easements allow a fence as long as you accept the risk that it may be removed for access, and some allow removable or hinged sections. Others prohibit permanent structures entirely. The rules are easement-specific — read the recorded language, don't assume.
The cost of getting it wrong
If a utility needs to access its line, it can legally tear out a fence built over a utility easement and is not required to rebuild or compensate you. Drainage easements carry the added risk that blocking flow can flood a neighbor and expose you to liability. Confirm placement before you build — it's the cheapest insurance there is.