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What is a Use Easement?

On either side of your home there is at a minimum, a 5 foot setback from the property line. Homes developed by New Town Builders often have what is called a Use Easement on this 5 foot setback. This means that a property owner gets to use the setback area of the property belonging to their next door neighbor.

This use comes with restrictions. Side yard fencing is not allowed on the side lot line between structures on lots which have a Use Easement. The owner of the property on which the Use Easement is located has the right, at all reasonable times, to enter the property for the purpose of performing work, accessing electrical panels, air conditioners and other equipment. The owner benefitting from the Use Easement has to maintain the property and any fence that lies on, or borders the use easement. Owners benefitting from the Use Easement cannot attach anything to the exterior wall for the home of the adjacent property owner. Owners benefitting from the Use Easement must not damage the property, structure, or foundation or the adjacent property owner’s property and home.

Go here to view a pdf excerpt of Use Easements as described by the Master Declaration of Covenants

If you have any questions and/or if you want to find out if there is a Use Easement on your property or if you benefit from a Use Easement, you can call or email Laurie Tatlock. Direct phone # 720-274-8377 - email: laurie@mulhernmre.com