On Monday, April 27, 2015, the Evansville City Council passed G-2015-11, an ordinance amending Chapter 15.15 of the City of Evansville Code of Ordinances. This ordinance prohibits the construction or erection of fencing and retaining walls within a drainage easement.
The ordinance gives the Building Commissioner or Code Official the authority to order the removal of such encroaching fencing and retaining walls, and would subject the property owner to a fine for failure to do so. A property owner can also seek a variance from the Board of Zoning Appeals, however, the granting of a variance is at the discretion of the Board.
The passage of this ordinance highlights the importance of reviewing property records to determine property lines and easement locations not only before constructing or erecting a fence or retaining wall, but before any construction project. In this case, thoroughly reviewing these records could prevent the homeowner from incurring the expense of having to move a fence or retaining wall.
If you need assistance with the review of your property records or any area of real estate law, please contact Ashley R. Hollen at ahollen@KDDK.com or (812) 423-3183, or contact any member of the KDDK Real Estate Law Practice Team.
About the Author
Ashley R. Hollen (formerly Ashley R. Bess), an attorney at Kahn, Dees, Donovan & Kahn, LLP (KDDK), in Evansville, Indiana, practices in the areas of business law, tax and employee benefits law, environmental law, real estate law, contract negotiation and creditors’ rights and collections. Ashley earned her B.S. in political science magna cum laude from the University of Evansville, and her J.D. magna cum laude from Valparaiso University School of Law.