What is an Easement?
Easements are created during the platting process to accommodate storm water run-off and buried utilities, such as sanitary sewer, storm sewer, water, electrical, gas, telephone or cable television lines. The easements serve as an access point for authorized personnel to enter for inspection and maintenance purposes.
When you purchase a home, the builder or previous owners should provide you with a certificate of survey at closing, clearly showing the property lines and all easements on the lot. If you cannot find this survey, contact the Building Division at City Hall for a copy of your survey.
Right-of-Way
The City owns a portion of the land between the street and people's homes. This area, called a boulevard or right-of-way, is public land and is specifically dedicated for public purposes, such as street and utility work.
The City uses the right-of-way to maintain and construct roadways, sidewalks, sewer lines, gas lines, phone lines, and other utilities and to store snow. The size of the boulevard adjacent to a property depends on the size of the dedicated right-of-way, the width of the street and the location of the street.
Property owners are required to mow and maintain the boulevard area adjacent to their property, with the exception of trees located within the right-of-way, which are maintained by the City.
More information about right-of-way management: City Code 90.30-90.58
Fence and Right-of-Way Permits
Property owners must obtain a permit before installing, replacing, repairing or moving a fence to ensure access to the easement is maintained. Contractors and utility companies working in a right-of-way must obtain a right-of-way permit before beginning work.| Requirement | Questions? |
| Fence Permit | 952-233-9300 or permits@ShakopeeMN.gov |
| Right-of-Way Insurance Registration | 952-233-9300 or permits@ShakopeeMN.gov |
| Right-of-Way Permit | 952-233-9300 or permits@ShakopeeMN.gov |
Easement and Right-of-Way Encroachments
No trees, shrubs, bushes, fences, retaining walls, or other objects will be allowed in an easement or right-of-way unless the property owner receives written permission from the City and the encroachment is in conformance with the City’s most recently adopted easement policy.
Easement Fencing and Landscaping Policy
The City can require any obstructions in an easement or right-of-way to be removed at the owner’s expense. In non-emergent situations, the City will try to give the property owner a reasonable amount of time to remove the obstruction. However, if the property owner does not remove the obstruction as requested or if there is an emergency situation, the City can remove the obstruction and charge the property owner for the expenses. The City will not be required to compensate the owner for the cost of the repair, replacement, or removal of the object.
Sight Triangles
City Code 151.125 prohibits property owners on corner lots from landscaping or planting any object that rises 3 feet above the surface of the road. This is meant to preserve corner visibility so that vehicles can see approaching traffic.Conservation Easements
A conservation easement is a legally recorded agreement by which landowners may voluntarily restrict the use of their land. A conservation easement protects important land resources. Perpetual easements provide tax benefits to the landowner and permanent protection by subjecting all future landowners to the same restrictions as stated in the original agreement. Conservation easements can be used to protect agricultural land, forested land, wildlife areas, wetlands and other scenic or natural lands.A landowner who conveys a conservation easement retains all rights to use the land for all purposes that do not interfere with the conservation of the property as stated in the terms of the easement. Landowners retain the title to the property and the right to sell the property, restrict public access or give the property to whomever. However, most or all the rights to develop are restricted or eliminated.
Currently, the City has been granted three conservation easements. These conservation easements were granted to the City in the platting process for Whispering Oaks, Dean Lakes and ACC 2nd Addition developments. While the City is not the owner of these lands in many cases, it is now the regulatory authority for protecting these areas. This includes managing and enforcing the restrictions stated in the easement document.
For specific information about the locations of existing easements and the resulting building restrictions, please contact the Public Works Department at 952-233-9550.
Park, Open Space, and Conservation Easement Boundary Marking
The primary purpose of marking boundaries is to inform adjacent property owners where the property or easement begins in order to help prevent encroachment issues in the future. The City is in the process of locating, inventorying, and installing park, open space, and conservation easement boundary markers and creating a GIS database, which will enable inspectors to more accurately determine when encroachments have occurred.Individuals with questions about the boundary marking project are encouraged to contact the Public Works Department at 952-233-9550.