Building a Fence on a Drainage Easement: "At Your Risk" Is Usually Fine

Question: New homeowner wants privacy fence. City inspector said no permit needed, but neighbor mentions 10-ft rear drainage easement + 6-ft side utility easement. Fence company says build anyway; city now says illegal. Buyer's agent knew we wanted a fence. Options?

Answer: Most Fences on Easements Are Allowed "At Your Risk"

Unless easement requires regular vehicle access (major power/gas), you can build on it. If utility needs repair, they can remove fence sections without liability. Storm sewer easements rarely need access—10–15 year fence life vs. low repair probability.

Determine easement type; if simple drainage, proceed. Don't over-worry.

—Sean J Murphy