[redwitch]

Originally Posted by Polar Bear

Architectural restrictions are often subjective and enforcement may be iffy. But if there is an encroachment into an easement, that is a different situation. The easement is in favor of a body or bodies (utility companies, etc.), legally binding, and are very enforceable.

And it is not in a party's best interest to build anything (hard or soft, but especially hard) into an easement. Worst case it could encumber the home when it is time to sell.

And here I thought the worst that could happen would be tree and bush roots becoming entangled with whatever is under the easement. I never even considered the encumbrance issues and the joys of having to remove fully grown plants.