What “Easement” Means for You, the Home Owner

Springfield and the surrounding metropolitan area (if you want to call it that – metro with down-home feel, you could say) seems to be ever growing. Sure, there are empty buildings on every corner too, but new ones are going up alongside them, the population grows, new businesses open, new homes built.

And more traffic. While we certainly don’t have to endure hour long commutes over a 20 mile stretch of highway like other Missouri cities, traipsing down National at 8:00 AM is no picnic.

Can you imagine living in one of those houses on National, just north of Sunshine? I always wonder what it’s like for career-minded individuals who live in that area and are trying to get to work in the morning. Or the moms and dads trying to get their kids to school on time.

Especially when the city decides that the road on one of these traffic heavy streets needs to be a little bit wider to lessen the jam-packed, bumper-to-bumper wait at the intersection.

In which case, the city will start digging up your front yard, and creating more chaos in order to squelch the chaos later (hopefully). This, my friend, is called “easement,” and it means your yard is partially owned by city municipalities to do with as they please.

The Legality of an Easement

First, any easement on your property will be laid out in writing within the title. If you’re uncertain whether there is an easement on your property, check there first, or call the county Assessor’s office. The most common form is a Utility Easement, which gives the city and is divisions (utility company, water company, etc) access to a certain portion of your land for repairs or renovations.

For example, the utility company may need to replace buried utility lines on your property and, with and easement, you must give them access (even if it destroys your landscaping). Likewise, the city may have an easement on the first several feet of yard along a road for homes on streets with heavier traffic, in case there is a need for expansion later.

Keep in mind, that there may be an unwritten easement on your property unassociated with any local municipality. For example, if your neighbor’s only access to his backyard garage is by utilizing your driveway, this is called and “Easement by Necessity” or a “Prescriptive Easement.” Basically, the law will recognize the neighbor’s right to access their land, even if yours is in the way. If their access to your land causes problems, however, you can fight in court to relinquish that access.

Conflict Over an Easement

It’s not necessarily impossible to dispute an easement, but it can be difficult. If the City of Springfield owns and easement on your property, then you can file an Application for Relinquishment of Easement. Ideally, you don’t want to wait until the city starts knocking on your door to inform you their going to be tearing up your yard next week to file this form. This is something you should do upon acquiring a property with an easement attached.

Keep in mind, however, that your reasons for relinquishment have to be more than an adverse reaction to your beautiful green grass in disarray. Of course, the city is pretty vague on what reasons they would approve.

In regard to fighting an easement of necessity, you would have to provide proof of some kind that it’s causing a problem to give your neighbor access to your property, such as property damage. This would likely be a small claims matter if you take it to court, but sometimes simply getting an attorney involved will solve the problem. Of course, you should attempt to work it out with your neighbor first, but we know that doesn’t always goes as one would hope. 

Preparation for Installing a Wooden Fence

If you make a pro/con list for installing a fence around your backyard, you’ll find it weighted heavily on the pro side: privacy, containment for young children and pets, keeping unwanted critters out, establishing clear property lines and more.

Wood fences are the most common selection for encompassing a backyard. Many are tall, around six to eight feet, to ensure privacy for peering neighbors. Whether you choose to install the fence yourself, or hire a company like HA Construction to do it for you, there is some preparatory work involved before you dig that first post hole.

Determine Property Lines

A “best guess” isn’t good enough when you’re installing a fence, even if your neighbor has already taken care of one side for you. In fact, even if you’re replacing a fence that’s already there, you should get you’re your property lines verified.

Start by contacting the appropriate assessor’s office (Green County Assessor for Springfield and Christian County Assessor for Nixa, MO) to get a copy of your property description, which details where the property lines lie.

However, sometimes the descriptions on a property listing are hard to decipher, so you may need to hire a local land surveyor to utilize that description and mark the property lines for you. Be aware that you may find your neighbor is encroaching upon your side or vice versa, which opens a whole other can of worms – and will likely delay your fence installation process.

Additionally, you should let your neighbor(s) know your fence installation plans. If it’s a shared fence line, maybe they’ll be willing to help with the expenses. And if you find that there is some discrepancy with the property line, notifying your neighbor is, obviously, the best thing to do. Hopefully you already have strong communication with those next door.

Neighborhood Restrictions

Depending on where you live, you may have to abide by neighborhood covenants regarding the installation of a fence, if one is allowed at all. You’ll know it if your home is under a neighborhood covenant, because notification would have been part of the buying/building process and you likely pay annual dues. Read the neighborhood covenant agreement regarding fences. If the information is unclear, be sure to contact those in charge of enforcing the covenant and get anything they tell you in writing to protect yourself later.

Mark Utility Lines

The last thing you want to deal with when you go to dig post holes is a severed electric line or a broken water pipe because you were digging in the wrong place. Before fence installation in Springfield, MO, call the Missouri One Call System (1-800-dig-rite) or submit an online request and they will send someone out to mark utility lines.

And this is not a step you can skip, because Missouri law requires you to notify MOCS at least three (but not more than 10 days) prior to digging on your property, even if it’s just to plant a garden. You also need to find out about easement lines on your property, which allow the city to utilize part of your front yard for city improvements. Check into setbacks too if you have power poles or utilities that run across your back yard; you have to work around them so that they remain accessible to the utility company.

Zoning Requirements

The Springfield, MO Zoning Commission (Sections 3-3601 and 5-1305 of the Springfield Zoning Ordinance) only require approval for a fence if you’re planning to place it in a front yard and, even then, a permit may not be necessary. However, it’s better to be safe than sorry, so don’t hesitate to contact the zoning commission to make sure you’re meeting zoning requirements. Contact the Nixa Zoning Department for information on fence permits in Nixa.

Additionally, many municipalities have height restrictions in place for fences; typically six feet is the max. Most require special permission for a fence taller than six feet.

There is a lot of preparation that goes into putting a fence up in your yard. These tips will get you started, and then comes the process of deciding what type of fence to have and what materials are best for your needs. Andy and the HA Construction crew can help you with any questions you have in the fence planning process. Just give us a call or send us a quick email.