What can I build in a permanent construction easement?

Full question:

I am trying to find the exact meaning of Permanent Construction Easement. Specifically, can I construct a fence, flowerbeds, and similar things in that area. And, if the easement is called upon, who then has to pay for the replacement of those things?

  • Category: Real Property
  • Subcategory: Easements
  • Date:
  • State: Georgia

Answer:

A Permanent Construction Easement is often used by utility companies to maintain pipelines or other facilities on private property for the duration of the facility's life. These easements typically range from twenty to forty feet wide. They are usually requested when there are no other options available for installation, such as city street right-of-ways, or when existing utilities do not allow for new installations.

Regarding your question about constructing a fence or flowerbeds in this area, it is generally advisable to check the specific terms of the easement. If the easement is invoked, the responsibility for replacing any structures you build, such as fences or flowerbeds, typically falls on the property owner, unless otherwise specified in the easement agreement.

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.

FAQs

Building on an easement is generally not allowed unless specified in the easement agreement. Easements are granted for specific uses, such as utility access, and constructing permanent structures can interfere with those rights. Always check the terms of the easement before proceeding with any construction.