Property OwnershipIntermediateAlabama Exam

An owner's property is subject to a utility easement along the rear 10 feet of the lot. The owner wants to build a fence along the property's rear boundary. Which statement is TRUE?

AThe owner may build the fence anywhere because they own the property, though outcomes can differ depending on circumstances
BThe easement holder (utility company) may have the right to remove the fence if it interferes with their easement rightsCorrect
CThe fence is permitted as long as it is under 6 feet tall
DThe owner must obtain AREC approval to build

Why The easement holder (utility company) may have the right to remove the fence if it interferes with their easement rights Is Correct

Answer B: The easement holder (utility company) may have the right to remove the fence if it interferes with their easement rights

A utility easement gives the utility company the right to use that strip of land for utility purposes. If a fence within the easement area interferes with utility access, the easement holder may have the right to remove the obstruction — potentially at the property owner's expense.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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