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Setbacks, Easements and Property Lines at a Gate Opening

By georgetown metal gates files

Where a gate may sit depends on three lines that are easy to confuse: the property line, the setback line and the edge of any recorded easement. The property line says whose land it is. A setback line says how close to that land's edge certain structures may stand. An easement says who else has a right to use a strip of the land. A gate planned without knowing all three can end up on a neighbor's land, inside a utility strip, or closer to the street than the city allows.

The property line is not the fence line

Fences drift. A previous owner may have built a fence a foot inside or outside the true boundary, and a neighbor may have rebuilt it years later along the same wrong track. In older parts of Georgetown, where lots were platted generations ago, a fence is often the only line anyone has used for decades. A gate hung from posts on that line inherits the error.

The reliable sources are the recorded plat, which shows lot dimensions, and a survey prepared by a licensed surveyor. Corner markers, often iron rods, are driven into the ground when a lot is surveyed. A metal detector, a survey and some patient digging can find them. A separate article on this site covers finding property pins.

Setbacks

Zoning sets a minimum distance between a lot line and a building. For fences and gates the rules are different, and a fence is often allowed on or near the property line, subject to height and openness limits. Even so, some parts of the code require a fence to sit a certain distance back from the street edge or the sidewalk. Driveway gates can be affected by stacking requirements, which ask that a car be able to stop clear of the street while a gate opens.

Because setback numbers vary by zoning, the way to be sure is to ask the planning office for the rule that applies to the lot. A zoning map and the address are enough for them to look it up.

Utility easements

A utility easement is a recorded right for a utility or the public to use a strip of land for lines, pipes, drainage or access. It is common along rear and side lot lines, and in front of lots along streets. The plat shows them as dashed lines with a width and a label.

An easement does not transfer the land. The owner still owns it and pays taxes on it. The owner just cannot interfere with the use the easement allows. A gate across an easement may be permitted by the utility, but the utility can remove it if it needs to reach its lines, and the owner pays to replace it. A gate in an easement should therefore be easy to open fully and easy to move, and the posts should be set so that a line crew can work.

Drainage easements and swales

Some lots carry a drainage easement along a swale or channel. A solid gate or a tight fence across the swale can trap water and cause flooding on both sides. Georgetown's clay soils and sudden heavy rain make this more than a theory. Keep the gate bottom clear of the channel with a generous gap, and use open bars so debris can pass.

Shared fences and neighbors

A fence on the boundary may belong to one owner, both owners or the neighbor alone. Hanging a gate from a shared fence needs the neighbor's agreement, and hanging one from the neighbor's fence needs it even more. A short letter or a conversation with a note in writing prevents a long dispute. If the line is uncertain, share the survey with the neighbor before work begins.

Placing posts

Once the lines are known, place the posts with room to spare. A gate post set exactly on the line leaves no room for the footing, and half of the concrete may sit on the neighbor's side. Offset the posts a few inches inside the line so the entire footing stays on the owner's land. Measure from the pins, not from the old fence.

The right of way

The street's right of way often extends past the pavement and the sidewalk. A gate or a column that sits in the right of way may need permission from the city and can be removed if the city needs the space. Never assume the strip of grass between the sidewalk and the street is yours. The plat shows the line.

A simple checklist

• Pull the plat for the lot and mark every easement and setback line.
• Locate the corner pins, or order a survey if they cannot be found.
• Ask the planning office whether any setback applies to the fence and gate.
• Check with the neighbor about any shared fence line.
• Request the utility locate before digging.
• Set the posts inside the line with the full footing on your own land.

When a survey pays for itself

A survey costs money, and it is the best insurance for a gate project near a boundary. A gate that must be moved after a dispute costs the price of the gate again plus the legal bother. If the lot has a recent survey on file from the purchase, a copy is often available from the title company or the lender.

For more on how gates fit local lot rules, see georgetown metal gates files.

Knowing the lines turns a gate from a guess into a plan, and Georgetown lots reward the owner who checks before pouring concrete.

How older and newer lots differ

Lots near the courthouse square were platted long ago, and some have been resurveyed several times with small differences in the results. Subdivisions built in recent decades along the growth corridors have tighter records, with recorded plats and pins set by one surveyor at one time. On an older lot, a boundary survey is more likely to be worth ordering. On a newer lot, the recorded plat and the builder's survey often settle the question.

Rural and edge of town lots

Properties on the edge of Georgetown, in the county or recently annexed, may sit under different rules. County rules, a different fire district and a longer driveway can all change the answer. A long gated drive may cross a drainage way or an access easement before it reaches the house. Ask the county about any rule that applies outside the city limits, and read the deed for recorded access rights held by neighbors.

A gate on a shared private drive needs the agreement of everyone who uses it. A short written agreement that names the gate, the latch, the code or key and who pays for repairs saves arguments later.