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What is an Easement?

Your property may be subject to an easement from a utility company or an easement in favor of the association.

Easements are identified on your Lot Survey. Easements give the right to an entity (a Utility or the Homeowner Association) to access your property for the purpose stated when the easement was recorded. The Lot owner remains responsible for maintaining their entire lot, including any easements.

If a fence (or any installation) will cross an easement, the easement‐holder has the right to remove the installation and no obligation to replace it; and the homeowner must explicitly accept all responsibility associated with installing the fence in the easement if the Architectural request is approved. The homeowner will further need to agree to notify any successors and assigns of the fence encroachment and the rights of the easement holder to remove the fence without notice or restitution in the event that it may become necessary to do so.

An easement may exist on your property—KNOW WHERE, and know what the restrictions are within the easement! Also verify property boundaries before beginning your project!