The presence of easements and encroachments on a property can become problematic when they occur on top of each other. An easement is the right given to a party to use your land for a specific purpose. The most common examples of easements being those granted to utility companies to place sewers or cables under a property.
All municipal utility easements will contain a restrictive covenant that prohibits a landowner from building a structure on or over the easement.
In cases where a landowner has encroached upon an easement, the municipal authorities have the right to order the removal of the offending structure. When they determine that the encroachment is minor and does not encumber the easement, both parties may enter into an agreement to allow the encroachment to exist.
When purchasing and selling real estate, buyers and sellers should have an up-to-date survey of properties in order to avoid the costs and headaches caused by encroaching on easements.
For facts about easements, please refer to What you should know about easements when selling a property.
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