Can You Build a Fence on a Utility Easement in Pennsylvania?

Sometimes, and only on the easement holder's terms. Whether you can build a fence on a utility easement depends on which company or authority holds it and what the recorded document says. FirstEnergy, the parent of West Penn Power, states on its transmission right-of-way page that unless legal documents provide otherwise, no buildings, swimming pools, decks, sheds, fences or other structures are permitted within the right-of-way.

Peoples Natural Gas takes a different position. Its pipeline safety page says vinyl, wood and chain link fences are permitted within a pipeline right-of-way if Peoples gives prior written consent, a gate is installed at each fence crossing for patrol and maintenance access, and no fence post is installed closer than five feet to the pipeline. Two utilities serving the same region, two different answers. This post covers what an easement is, what local utilities and townships say, and how to find the easements on your lot before you plan a fence line.

What Is a Utility Easement?

A utility easement is a legal right for someone else to use a defined strip of your land for their lines or pipes. Columbia Gas of Pennsylvania describes an easement, also known as a right-of-way, as "the legal right to use a specific portion of land for the purpose of constructing, operating, and maintaining" its facilities.

You still own the ground and still mow it. What you give up is the freedom to put anything there that blocks access.

Easements vary a lot in size. People note that easements can be up to 60 feet wide. A drainage or sewer easement along a back lot line may be only a few feet wide on each property. The recorded document sets the width and the terms, so two easements on the same street can carry different restrictions.

What Do Electric Utilities Say About Fences?

FirstEnergy's rules for transmission lines, the tall high-voltage lines on towers or large poles, are strict. Its right-of-way page lists fences among the structures that are not permitted unless legal documents make provision for them. Where a use might be allowed, the company requires its form to be "completed entirely, submitted for review, and written consent provided before construction begins." A separate FirstEnergy encroachments page is blunt about approvals: the company "does not issue verbal consent."

There is a safety reason behind this. FirstEnergy warns that induced electric charges may be imposed on fences, signs and other conductive objects near transmission lines, and that a proper grounding system designed by a registered design professional may be needed.

The company also states that objects left within the right-of-way are subject to removal, and its right-of-way brochure says its transmission companies may require a property owner to remove an encroachment at the owner's expense.

Those pages cover transmission corridors. The smaller lines on wooden poles along a back lot line run in distribution easements with their own recorded terms. Call the utility named in the easement before you build under or along any power line.

What Do Gas Utilities Say About Fences?

Gas companies care about two things: being able to reach the pipe, and nobody driving a post into it.

Peoples allows vinyl, wood and chain link fences in its right-of-way with prior written consent. Its conditions include a gate in each fence crossing and a five-foot minimum between any fence post and the pipeline. Brick, concrete and block fences and walls are not permitted without the company's prior consent.

Columbia Gas of Pennsylvania lists fencing among its examples of encroachments, which it defines as any obstruction or improvement placed within the easement that may interfere with access to its facilities.

Both companies tell property owners to contact 811 before any digging. Our post on how to prepare for fence installation explains where utility marking fits in the schedule.

Can You Build a Fence on a Municipal Easement?

Municipal rules tend to be the least forgiving. Penn Township's zoning chapter states that "no permanent accessory structure shall be constructed in any easement or right-of-way" (Section 190-606). North Huntingdon Township's FAQ says "any fence installed within the right-of-way or over an easement is at your own risk."

Hempfield Township puts the cost on the owner. Its ordinance says a fence that interferes with the location, relocation, maintenance or repair of a public street, cartway or public utility line must be removed or relocated by the owner at the owner's sole expense.

Storm drainage easements deserve extra care. A solid fence across a swale can hold back water and debris, and the authority that maintains the line needs to get equipment in. Ask the township and the sewer authority before you fence across one.

How Do You Find the Easements on Your Property?

Look in the records, because most easements leave no mark on the lawn.

• Your deed. It may describe easements directly or refer to earlier recorded documents.

• The recorded subdivision plan. A recorded plan usually shows utility and drainage easements along with their width.

• A current survey. A surveyor can plot recorded easements on the ground.

• The county recording office. In Westmoreland County, the Recorder of Deeds in Greensburg keeps these records and can be reached at (724) 830-3518. In Allegheny County, the Division of Real Estate is in the County Office Building at 542 Forbes Avenue in Pittsburgh.

Physical clues help too. Manhole lids, catch basins, utility poles, transformer boxes and pipeline markers all point to an easement nearby.

Private lines are a separate issue. Pennsylvania 811 does not mark lines the homeowner owns, and its list of private lines includes septic systems. Penn State Extension warns against letting heavy equipment run over a septic drainfield because it can compact the soil or damage the distribution lines. Keep posts and machinery off it.

If the lot lines themselves are unclear, start with how fence installers measure property lines.

What Should You Do If Your Fence Line Crosses an Easement?

You have three realistic choices.

Move the line. Stopping the fence at the edge of the easement is the cleanest answer when the easement runs along a rear or side boundary. You lose a strip of enclosed yard and gain a fence nobody can order out.

Get written consent. Contact the easement holder, describe the fence, and ask for approval in writing. Expect conditions such as gates, post locations and a statement that you will pay for removal if access is needed. Keep the letter with your property records.

Design for access. Where consent is given, a wide gate or a removable section at the crossing lets a crew through without cutting the fence apart.

Tell your contractor about every easement at the estimate. Our guide to planning around property lines before a fence install covers what else to bring to that visit, and how a fence gate works and what your options are helps with sizing an access gate.

FAQ

Can a utility remove my fence from an easement?

Yes. FirstEnergy states that objects left within its rights-of-way are subject to removal and that an owner may be required to remove an encroachment at the owner's expense. Hempfield Township's ordinance puts removal at the owner's sole expense as well.

Do I still own the land in an easement?

Yes. You own it and maintain it. The easement holder has the right to use it for the stated purpose.

Is verbal permission from a utility worker enough?

No. FirstEnergy says it does not issue verbal consent and that all consents are written agreements. Get any approval in writing, whoever the easement holder is.

How close can a fence post be to a gas pipeline?

Peoples Natural Gas requires that no fence post be installed closer than five feet to its pipeline, along with prior written consent. Other pipeline operators set their own distances.

Will a fence company check for easements?

A contractor can spot visible signs and will have public utilities marked through 811. Recorded easements are found in your deed, plan and survey, so share those documents at the estimate.

Does a drainage swale count as an easement?

It can. A swale along a lot line in a subdivision may sit inside a recorded drainage easement. Check your plan and ask the township before fencing across one.

Plan the Fence Line Before You Build

Just Fences is a locally owned fence company in Harrison City, established in 2007, that installs vinyl, aluminum, wood, chain link and custom fences across Westmoreland County and Greater Pittsburgh. Free quotes are available, and installations carry a 2-year workmanship warranty. Bring your survey or subdivision plan to the consultation so easements are part of the layout from the start. Details on the process are on the fence installation page.

Visit Just Fences or call (724) 392-4416 today. Contact us for more information.