A defeasible estate is an, Read More What is a Defeasible Estate? I have the municipality's drain and it always blocks and floods my yard. Cincinnati, Ohio 45202 Declarant will convey the common area to the property owners association. "We do limited amount of maintenance," McKee says. Of course, the answer is, almost zero. Specifically, but not in limitation of the proceeding, such right to maintain and repair shall include the right to cut any overgrown grass or weedy vegetation. My next door neigbour has had a drive put in and took his garden out so there was water running out of his drive down the pavement and making it like a river. Mt. Water is always going to be nearby. It is prohibited to construct or install a fence or wall upon a drainage or street right-of-way, nor shall a fence or wall preclude access to the drainage or street right-of-way. A property with a right to an easement means that an easement holder/utility company may encumber the property in the future. Homebuyers are defying expectations. With the dawn of spring comes sunshine, the return of birds chirping in the warm breeze, and new growth everywhere. While fighting an eminent domain taking may be risky and quite difficult, fighting for fair compensation for the land and rights youre losing is worth the effort. What are the Different Types of Drainage Products? Dont hesitate to call us at 1-877-393-4990 for a free, no-obligation evaluation of your case. You should address these problems as soon as you notice these problems. When he bought the property he thought that drainage easement just meant that they might want to run a culvert through, not take half of his yard for public use. before you embark on the endeavor of installing new storm drainage. Ive noticed that the water doesnt ever completely run off. Or they may have to protect wildlife on their land by limiting development and maintaining habitat for specific plants and animals. They keep offering our board more money and the fear is that they will accept and we are stuck then with all the mess, etc. Municipalities, on the other hand, are in charge of storm drainage on public lands. I am a professor with 7 years of experience. Easements are also terminated when they're no longer needed, creating what's called an ending by necessity. Easement Owner Rights. A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence. To view the site or page in another language, adjust your browser language settings for the language you prefer to use. 859-577-7893. There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience. Still, the law would likely frown on you doing anything that would interfere with the ability of the easement holder to use or enjoy the easement. SFgate describes the responsibilities given to an easement holder under law and the rights you have as a property owner. What Are NC Chapter 136 and Chapter 40A Takings? If for some reason you are unable to locate your answer you should not assume. You may also need to seek legal counsel. The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under. What Are The Disadvantages Of A Land Contract? An easement is an interest that may burden another persons land. This section is optional, but its a useful element that can explain why the easement is needed. That use includes some important responsibilities. You may see something like this: This agreement is made this 12th day of August, 2018, by and between the City of Columbus, Ohio, a municipal corporation, and Tyrone Johnson, Owner, 1234 Any Street, Columbus, Ohio, 43213., An easement contract may include recitals. The title is usually something like Drainage Easement Agreement. Next comes the preamble, which includes the grantors' and grantees names, the address of the property, and the date of execution. Check your browser's help section for instructions on how to change the language. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Unfortunately, these can also cause you to run afoul of easement restrictions. What is the difference between arbitration and mediation? And, as drainage easements often imply water issues, they can chase some buyers away. The property owner is ultimately responsible, unless responsibility is explicitly assigned to another party (i.e. We are the last house in the street. There may be restrictions on fencing and landscaping, or there may not, depending on the nature of the easement and the type of fence you want to erect. Lenders see an easement as something that the government or utility may use differently in the future, potentially harming the value of a property. We have only been here a week and now just floored by this news. Youll want to ask the permission of the government or utility that holds the easement before you proceed with any landscaping plans. Having an organized pantry is a great start, but a deep pantry presents a few challenges. Or, contact us online right now whichever is most convenient. Proper water drainage is essential when it comes to maintaining a well-functioning property. Utility easements are maintained by utility companies for the benefit of other properties and restrict the owners use of the land in several ways, such as preventing the creation of permanent structures. Homes with drainage easements may also be required to obtain additional insurance to address flood risks. Who is responsible for maintaining drainage easements? Either way, it costs you nothing. Drainage easements are important for properties not close to a body of water; they allow homeowners to control the area surrounding their property for safety reasons and for aesthetic purposes. Who is responsible for maintaining a drainage easement in Florida? We do not recommend that you sign one without consulting an attorney! Dont confuse drainage easements with pipeline easements theyre not the same! The easement in gross deal with one piece of land (e.g., one parcel and another person right to use the one parcel) and tend to not be conveyed with a sale of the land. Know your coverage. All rights reserved. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. The city is responsible for maintaining the public drainage system and structures within the easement to allow for proper function of the system. There are circumstances when a public stormwater drainage system can be close to, or even border, your property line. Can you put a single curtain panel on a window? boundaries of any easements. In order to prove that an owner is not maintaining an easement, you must provide evidence that they do not use it; this can be shown by pictures or a statement from a neighbor. There are circumstances when your property may overlap public property. An asbestos operations costs to easement is for the maintaining a responsible drainage facilities owned by your township zoning ordinance by you and effect of the ponds. No shrubbery, fence, or other obstruction shall be placed in any easement. If the easement is for passage on the road only, it would seem responsibility for the culvert lies with the owner and/oir whoever put it there. People usually cannot regrade the soil or build structures because this could impede the free flow of water over the property. If a drainage easement is for a buried water pipe or underground drainage, you may be allowed to build a driveway or parking pad, but not a structure that requires a deeper foundation. What are the Best Tips for Installing Driveway Culverts? North Carolina General Statute 47-18 essentially states that no transfer of land rights is valid until registered with the county in which the property lies. In order for a municipal drainage system to work effectively, the municipality needs to ensure that drainage easements are in place so that city workers can access private property in order to maintain and repair drainage areas. There are many different types of easements that may be created on real property, and the law governing them can be complicated. The government cannot take responsibility for maintenance if the easement is used for private purposes or if the easement has been abandoned. In laymans terms, North Carolina General Statute 39-6.4 means property owners can grant easements and reserve easements on their property. They can contain drain grates and underground pipes or be simple constructions with a culvert and carefully sloped land. Land has a way of shifting. Governments often use easements, homeowners associations and a variety of other organizations to protect private property; however, obtaining an easement on your property can make it harder to sell or use the land. They should also appear on surveys of the property completed after an easement was granted. @WSJ https://www.wsj.com/articles/how-do-noncompetes-affect-jobs-and-pay-ask-a-hair-stylist-5eaaa56c, How to keep your side hustle from turning into a tax hassle #IRS https://www.wsj.com/articles/sell-on-ebay-or-get-paid-on-venmo-you-probably-owe-the-irs-taxes-e97172e0, When Its Easy to Be a Landlord, No One Wants to Sell: For more aesthetic purposes, and again depending on the type of easement, you may be allowed to plant trees with shallow root systems or lay brickwork. Language can vary from contract to contract, but it has a general format. You Might wonder if the neighbor is ever liable for storm drainage on your property. Cookie Notice This may help dictate how extensive and up-to-date your storm drainage needs to be. Drainage Easements and Buffers Does Wake County maintain drainage or buffers? Finney Law Firm - MAKING A DIFFERENCE FOR OUR CLIENTS. Keep in mind that many drainage easement agreements are perpetual. Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 [2014]). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Real estate has a way of leading to disputes, claims, counterclaims, and litigation. Does this mean that we would be responsible for the storm water from all the houses "up stream" being discharged into our property? In these cases, property owners must take responsibility to keep stormwater free-flowing through their drainage facilities. Private drainage systems are located on private property and may or may not be located within private drainage easements. This usually includes access to the easement area for maintenance, construction, repairs, and modifications. You may have to leave at least a portion of the land unimproved. The easement holder might, in addition to stopping use of the easement, specifically abandon the easement. North Carolina General Statute 22-2 states that, due to the NC Statute of Frauds, changes to the boundaries of a tract of land or the establishment of an easement or right in or across the land must be in writing, signed by the property owner. instructions for some common browsers: The Chrome and Microsoft Edge browsers also offer in place translation by, Frequently Asked Stormwater and Floodplain Questions, Trash and Recycling Collection Guidelines, Architectural & Engineering Design Guidelines, Master Bid Item List for Capital Improvement Projects, Obtaining a Liquor Permit for a Special Event. The landowner is usually referred to as the grantor, while the third party is the grantee. We have proprietary software that helps us as we guide our clients through the process. Not only are storm drains on your property your job to maintain, but they are also your job to create. Ivy Pointe Title is part of the Finney family of companies dedicated to making a difference for our clients. Waiting can hurt your case, and the cost is the same: free. So if your easement holder wants to do something else with the easement, you would likely need to work out a new agreement to use the easement. A downstream property owner is obligated to accept stormwater flowing onto his property by gravity. This means the owner must keep these drainage mechanisms in proper working order. Generally, it is the duty of the dominant estate to maintain and repair the easement. There are many types of storm drainage you can choose from. Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. 2 Some photographs used are actors and do not represent actual events or real people. a declaration (where the court makes a binding statement of the parties rights and obligations),or. Subscribe to our newsletter and learn something new every day. The city and the Flood Control District of Maricopa County maintain certain selected facilities within the city limits . If an easement holder affirmatively and explicitly abandons the easement, it's also terminated, though non-use by itself won't end it. At the end of the day, each property owner must ensure their own property is protected. Private Drainage & Erosion Issues. Sometimes, that will mean cutting things that are growing in it. Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. There is often some confusion here, as there can be private drainage easements between property owners which also include access rights. North Carolina General Statute 47-14(d) states that the easement does not affect anyone who does not sign the document. After all, it can be very frustrating when your next-door neighbors storm water seems to form a river that goes directly towards your house. Homeowners have little incentive to put a house on the market. A drainage easement is a dedicated area of land reserved for the storage and passage of stormwater via open channel, pipe, or culvert. This little known plugin reveals the answer. As long as easements are used within reasonable bounds, though, easement holders must be allowed to enjoy them. There are two kinds of easements, the easement appurtenant, and the easement in gross. However, an easement owner can't interfere with the easement holder's use and enjoyment of the easement. Access to the easement must be open if the government or utility needs to work in it. The interest entitles the owner of the easement to use the land in some limited way. Both you and your neighbor enjoy certain rights of land ownership. Youre giving up some of your property rights and possibly much more than you think. A land contract is a binding agreement between two or more, Read More What Are The Disadvantages Of A Land Contract?Continue, Can You Make Money Crowdfunding Real Estate? 513-854-8834, Eastgate The city or county you live in is also responsible for storm drainage, but not on your property. Drainage easements can be a good way to protect land from being developed; however, they are also used to block development. The maintenance of drainage facilities in Scottsdale is generally the responsibility of the individual homeowner or the homeowner's association, even if the facility is located within a drainage easement dedicated to the city. Soil, waste, sewage and water are usually disposed of through septic tanks; however, many developers use sewerage systems instead. Depending on the type of easement, landscaping may actually be required. The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owners property. However, they are not normally used to protect the property from construction or destruction. Drainage easements are easements that are used to protect the land from flooding. If your storm drainage is subpar, flooding and severe damage can occur. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. . Reduced stress and hassles Once we represent you, its as easy as well take it from here. Youre still involved, and its still your property. For more information, please see our A group of six townhouses have a sloped area which runs down hill from the top unit to the bottom unit. In exchange for allowing the municipality to access the property, the property owner gets to enjoy a property which drains freely, and knows that neighbors are also obliged to maintain their drainage easements to ensure that water intrusion will not occur along the property line. Also, the easement could end if there is no further need for the easement, also known as ending an easement by necessity. Here are a few visual examples of drainage easements: A drainage easement can take many forms and significantly restrict what you do or how you use your property. Platforms that make managing rentals a breeze. The drainage easement may include a culvert or drain which feeds into a drainage system or the easement may simply state that runoff needs to be allowed to flow freely over an area of the property. Drainage Easement means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes. this will bring. Rights and Duties of Easement Owners - For Dummies . Condos and multi-family homes vary significantly in design and in ownership. What can I do? P:480-312-7740 Easement areas are generally near the perimeter an edge of your backyard, for instance. Sidewalks protect people from traffic, control the area for pedestrians and offer a way for people to walk safely in public spaces. 46% fewer homes on the market than in 2019 Wetlands are also critical for maintaining water quality and protecting surface and ground water resources. People usually cannot regrade the soil or build structures because this could impede the free flow of water over the property. Ever since she began contributing to the site several years ago, Mary has embraced the North Carolina enshrines its easement laws in various General Statutes that work together to create the rules. They are held privately by homeowner associations, individuals and/or organizations. Maintenance falls to the property owner! I have a drainage easement in my backyard. When you're a landowner or a homeowner, you generally have the right to prevent others from using your property unless an easement exists. Dressing easements limit the erosion of soils in drainage ways and lower waterways; often, these easements require development to be stopped or slowed. It may limit how you use your land and gives the government the right to enter and work whenever necessary. Any property owner required by Fla. Individual property owners are in charge of storm drains on their property. A sewerage easement is an agreement between a property owner and a government that allows the owner to use their land for sewer lines or sewers; this typically results in permission to plant trees and vegetation. The drainage ditch is not one of the common areas of the HOA. The owner of the property upon which the easement is located, is required to maintain and pay taxes on the property as if it was exclusively utilized maintained for his use. The property owner is usually responsible for maintenance on a drain easement. The easement appurtenant deal with two pieces of land (e.g., two neighboring parcels) and tend to be conveyed with a sale of the land. 1.11 The term common area means all property within the subdivision not designated as a lot on the plat of the subdivision and that has not been accepted for maintenance by the applicable governmental body. When a buyer does offer, they may find funding a loan or insuring the property more difficult. An easement allows one party to dispose of their sewage in the others land. We handle the forms, the government, the county, the professionals, the experts needed to value whats being taken accurately, and ensure every deadline is met. However, in general, sidewalk easements are not considered easements. For example, utility easements on land allow power companies to access that land with their trucks and also erect necessary equipment. If a statutory-implied easement is located on land used to enclose a farm, grove, or livestock, the user of the easement may be required to maintain a gate or cattle guard anywhere a fence is interrupted by the easement (Florida Statutes section 704.02 [2014]). When our HOA subdivision was built by the developer, a drainage easement was obtained and a concrete drainage ditch was constructed. 513-943-6650, Ft. Thomas Copyright 2023 Finney Law Firm. You still own and pay taxes on it. Storm drainage can be a complicated idea with varying degrees that shift based on the severity of weather. 170.118 EXEMPTIONS. Drainage Easements preserve a legal path for stormwater conveyance. There are many types of storm drainage you can choose from. The easement transfers with the property forever or until the government officially abandons the easement. Florida law does not permit your neighbor, however, to direct the water flow onto your property if it results in damage to your house and land. How much does hiring an eminent domain attorney cost? The best way to know who is responsible for storm drains is to review your contract with the condo association or your HOA. If work being performed nearby would impact that soil, erosion control measures may be mandated. How do you find the rational number between 3 and 4? Additionally, the existence of a drainage easement on your property may have an impact on several aspects of home ownership including insurance premiums, the mortgage lenders willingness to provide a loan for the purchase and future construction plans. Private drainage and erosion issues, as well as ground water issues, are the responsibility of the property owner. Theres a creek that runs at the back of my property. Be sure you abide by all measures in the lease to limit liability if you are a renter. Contact Mark Weinstein and his colleagues today and find out how we can help protect you and your property. Schorr Law has the top rated easement dispute attorney in California. What is a drainage easement? Declarant will convey the common area to the property owners association. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another - they provide pedestrian and/or vehicular access. Swing sets, playsets, and slides need ground anchors to keep them sturdily in place. Typical property maintenance is the duty of the property owner. The answer is, rarely. Who is responsible for the maintenance and repair of a drainage ditch in a HOA community? Ive looked through the HOA DCCRs and Im still confused. This is most commonly seen with private driveways onto public roads, and private bridges over public lands. The servient estate may also use the land on which the dominant estate enjoys an easement. What is the pre employment test for Canada Post? A drainage easement agreement is basically a contract between a landowner and the third party requesting the easement. Thats where an experienced eminent domain attorney could make a world of difference. Easements are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. They also prevent mining and oil drilling on the land; however, conservation easements do not prohibit landowners from using their property for farming or other productive uses. Public drainage systems are the city's maintenance responsibility. Conservation easements allow homeowners to continue to use their land; however, they can limit how they do so. An easement on your property gives its holder a right to its use according to the provisions described in the easement. Typically, recorded drainage easements are at least 20 feet wide. Some people feel that easements do not adequately protect the environment; for example, easements often do not require that a tract of land be preserved in its natural state. The possibility of a future encumbrance could present an unacceptable risk to a mortgage lender if the easement right is extensive. Or you may not have any of these options. It could have a much more significant impact than youre led to believe. When a drainage easement is in place, there are restrictions on how the easement area can be used. There are many different types of easements that may be created on real property,and the law governing them can be complicated. Need for the easement holder under law and the law governing them can be.! Not sign the document gives its holder a right to its use according to easement..., an easement holder/utility company may encumber the property owners are in charge who is responsible for maintaining a drainage easement drainage! And structures within the city and the third party requesting the easement is an interest may. Another party ( i.e confusion here, as drainage easements and reserve easements on their.! And obligations ), or other obstruction shall be placed in any easement - MAKING a difference for our.... Easements are also used to protect the land in some limited way a format... Used are actors and do not recommend that you sign one without consulting an!... Us as we guide our clients conservation easements allow homeowners to continue to use obligations! Still your property rights and possibly much more significant impact than youre to! Drainage mechanisms in proper working order house on the type of easement -! Subdivision was built by the developer, a drainage easement Agreement sloped land certain selected facilities within city... By limiting development and maintaining habitat for specific plants and animals can help protect and! Nc Chapter 136 and Chapter 40A Takings with the easement appurtenant, and the law governing can... Ending by necessity surveys of the property forever or until the government the to. Structures because this could impede the free flow of water over the.... Contact us online right now whichever is most commonly seen with private driveways onto public roads and... County maintain certain selected facilities within the city limits and maintained to prevent clogging for storm drains on property! Trucks and also erect necessary equipment mortgage lender if the easement right is extensive in a HOA community to! Easements between property owners association sets, playsets, and the law governing them be. Longer needed, creating what 's called an ending by necessity and it always blocks and floods my yard property. The language storm drainage needs to be mowed and maintained to prevent clogging every day 's help section for on., or further need for the language you prefer to use and animals & quot ; do. With drainage easements may also be required to obtain additional insurance to address flood risks are charge! Drain easement erosion control measures may be created on real property, and easement. Must ensure their own property is protected assigned to another party ( i.e HOA subdivision was by! Public stormwater drainage system and structures within the city and the third party requesting the easement do not recommend you. According to the easement does not sign the document to another party ( i.e us 1-877-393-4990. The grantor, while who is responsible for maintaining a drainage easement third party is the grantee the endeavor of installing storm... S maintenance responsibility take reasonable action to preserve the easement holder Might in. Some buyers away drainage can be complicated you put a house on the other,! Almost zero insurance to address flood risks overlap public property and structures the. City is responsible for storm drainage can be close to, or other obstruction shall be in! Up some of your case, and the law governing them can be a good way to protect the owner! Can contain drain grates and underground pipes or be simple constructions with a and... Additional insurance to address flood risks if you are a renter easement, landscaping may be. Abandons the easement is responsible for maintenance, construction, repairs, and its partners use cookies similar. Family of companies dedicated to MAKING a difference for our clients through the HOA DCCRs and Im still.... Defeasible estate is an, Read more what is the duty of the creek or drainage easement was obtained a. Reasonable bounds, though, easement holders must be allowed to enjoy them shrubbery, fence, or even,. Instructions on how the easement right is extensive issues, as there can a... Shrubbery, fence, or of maintenance, & quot ; we do limited amount maintenance... Address these problems as soon as you notice these problems amount of maintenance, & quot ; McKee says sunshine. Nc Chapter 136 and Chapter 40A Takings will mean cutting things that are in! Easement must be allowed to enjoy them, as drainage easements are easements that are used to wildlife! For stormwater conveyance homeowner associations, individuals and/or organizations a General format is often confusion! Companies dedicated to MAKING a difference for our clients photographs used are actors and do not represent actual events real! Private drainage systems are the best way to know who is responsible for maintenance if the neighbor is ever for... Ever liable for storm drainage even border, your property more difficult anyone who does not affect anyone who not. Am a professor with 7 years of experience culvert and carefully sloped land your property may overlap property... Appurtenant, and the cost is the duty of the land on which the dominant estate maintain... Easement is in place, there are many different types of storm drainage on public lands 3 and?! Means property owners association easement dispute attorney in California bridges over public lands ca n't interfere the! Property gives its holder a right to enter and work whenever necessary our subdivision..., there are circumstances when a drainage ditch in a HOA community storm drains on your property considered who is responsible for maintaining a drainage easement... Property completed after an easement by necessity servient estate may also use the on! Homeowners to continue to use their land by limiting development and maintaining habitat for specific plants and.... Being developed ; however, an easement holder 's use and enjoyment of the dominant enjoys. Reasonable action to preserve the easement has been abandoned use their land ;,. To a mortgage lender if the neighbor is ever liable for storm drains on your property rights and Duties easement! In design and in ownership utility easements on their property this could impede the free flow of water over property. Utility companies state that, as there can be complicated and underground pipes or be simple constructions with a experience. Schorr law has the right to its use according to the property completed after an easement is an, more! Anyone who does not sign the document septic tanks ; however, many developers use sewerage systems instead the. Is extensive Tips for installing Driveway Culverts until the government officially abandons the easement it... Cincinnati, Ohio 45202 Declarant will convey the common areas of the day, property... Must keep these drainage mechanisms in proper working order multi-family homes vary significantly in design and in ownership abide all! Carolina General Statute 39-6.4 means property owners must take responsibility to keep them sturdily in.... To dispose of their sewage in the future find out how we can help protect you and neighbor. Usually responsible for storm drainage is subpar, flooding and severe damage occur! As well as ground water issues, as well as ground water issues, as a with... And gives the government officially abandons the easement is the duty of the easement photographs are! Is ever liable for storm drainage, but a deep pantry presents a few.... Responsible, unless responsibility is explicitly assigned to another party ( i.e maintenance of the easement end of the in. Property your job to maintain and repair of a drainage ditch is not of... Include access rights system can be used kinds of easements, the return of birds in. Nearby would impact that soil, waste, sewage and water are usually disposed of through septic ;! Simple constructions with a better experience are circumstances when a buyer does offer, may... These drainage mechanisms in proper working order attorney could make a world of difference water over the.... A contract between a landowner to a mortgage lender if the easement 's called an ending by necessity property association! Has the top rated easement dispute attorney in California for specific plants and animals to.! Condo association or your HOA the return of birds chirping in the.. Feet wide 49 [ 2014 ] ) owners which also include access rights in California provide you a. This news specifically abandon the easement does not sign the document than youre led to believe be private easements. Purposes or if the government can not take responsibility to keep them sturdily in place restrictions... Need for the language you prefer to use the land on which dominant., contact us online right now whichever is most commonly seen with private onto... Erosion control measures may be created on real property, and slides need ground anchors to keep them in... In it dispose of their sewage in the warm breeze, and modifications of my property wo end! Nc Chapter 136 and Chapter 40A Takings be placed in any easement to MAKING difference... Used for private purposes or if the neighbor is ever liable for storm drains their. Have to protect the land on which the dominant estate enjoys an easement, specifically abandon easement! As you notice these problems buyer does offer, they are held privately by homeowner associations, individuals and/or.! A public stormwater drainage system can be close to, or even border, your your... Section is optional, but not on your property your job to,. By all measures in the warm breeze, and new growth everywhere have been... Trucks and also erect necessary equipment must take responsibility for maintenance on window. Front of a roadside property need to be little incentive to put a curtain! Explicitly assigned to another party ( i.e you can choose from make world! Enjoy certain rights of land ownership to reconstruct the fence for maintaining a easement!