Posted by Lloyd on September 15, 2005 at 19:59:36:
Sounds like an over reacting sewer dept. most utility easements include the right to install, repair, inspect, etc the line with right of entry above and below the ground. usually a fence is not a problem but you stand to loose it if they need to dig up the line. A sewer easement may be concerned about roots clogging the line. Get the grant of easement paper again and read what is says about their right of entry, etc. you may need to go to a Real Estate Attorney in your area for more help.
Posted by Steve Hauser on August 31, 2005 at 11:09:26:
There is a sewer easement between my home and my next door neighbor’s house. We wanted to put a fence on the property line between our homes - right on the sewer easement. We applied for and received a permit to put up the fence. Its been 9 year now and the sewer company just filed a law suit against us to remove the fence and some trees that we have planted on the easement - saying they cannot access the easement in an emergency. We checked out our deeds and the deeds do say there is an easement - but they list no restrictions about fences and trees or anything like that. We went in front of the sewer board and told them we have a permit to put up the fence and we are NOT in the wrong. They said the town had no right to issue that permit and it is invalid. We just now noticed that 11 days ago the sewer company filed a deed with the town claiming the sewer easement between our homes, I guess, making it “official” - here it is 9 years later and NOW they have filed the deed!!! They told us to remove the fence and cut down the trees or they will “see us in court”