Full question:
my neighbor has a 12 foot easement on my property to push the snow on in the winter. we put up a fence accidently 9 feet from the edge of the property instead of 12 feet. if the neighbor damages the fence by pushing snow into it, is the neighbor responsible for paying to fix the fence if they damage it.. or no because it's my fault for having the fence put up on the easement?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Massachusetts
Answer:
An encroachment is a physical intrusion (location) of a structure, part of a structure or land use into the area of the easement or right-of-way contrary to the agreement. In some cases, the holder of the easement may require that the structure be removed or land use be terminated at the landowner’s expense.
It may be possible to encroach on an easement. This requires the prior written approval of the holder of the easement or right-of-way. The approval is usually by way of an encroachment or amenment to the easement. The landowner may be faced with all costs of removal and any associated damages resulting from unauthorized location of improvements on land that is subject to an easement or right-of-way. The holder of an easement is not required to pay for damages to a landowner’s improvements that are located on the easement area in violation of the agreement. A landowner would be responsible for cost of damages to such an improvement or the cost of removal resulting from a holder’s use of the easement or right-of-way area.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
