Question
We just purchased our first home this year and did so with intentions of building a privacy fence in the back yard for privacy, and also because we have a toddler and a dog.   We made the call to the city, the inspector was clear that we didn't need a permit, and that the city had no strict policies on where it goes, permission from neighbors, etc etc.  He then pulled up the plat map for us.  Bascially he gave us the "go ahead".  We were then informed by one of our neighbors that our neighborhood had a drainage easement and utility easement on most of properties.  (10' on back lot line, and 6' on north side of property)
Our fencing company said they build on these all the time and not to worry about it... which of course isn't shocking to hear since they are willing to make the $5,000 while we can deal with any future consequences.  Anyway, my husband talked with the man from city building inspector's office and he basically said we CANNOT build fence on it, and further that it is not legal to.  
Furthermore, our buyer's agent knew we had an interest in finding a house with a fence, and that we hoped to build one if we didn't buy a house with one already there.  Should we have inquired about this somewhere before or are they suppose to tell us this?
BUt really, my main question is we want a fence and are fine with allowing for the easement on north side for electric access, but we will lose much of our yard if we give up 10' on back lot line.  Do you have any advice on how to deal with this issue?  If we were to give maybe 4-5' on back lot line, and install an extra gate in the back for access (as builder of fence recommends), do you think this would be appropriate, with the risk of maybe them needing to come in for maintanance and tearing down our fence?  
Should we contact a real estate lawyer for advise on this?  
We seriously would not have purchased this house if we knew we couldn't build a fence in the back.  
Any suggestions, or ideas on what to do next to deal with this would be much appreciated!
Thank you.

Answer
Dear Tricia:
I am so sorry, but I think you have gotten way too worried about this.
Basically, in almost all cases, you can build the fence on an easement "at your risk". Meaning if there is ever a problem and they have to dig up the utility, they can tear down your fence to do so and do not have to repair it. In my experience you can build on most (but not all) easements. I have seen hundreds of fences on all kinds of easements. As long as its not a an easement requiring access for vehicles on a regular basis (like major overhead power or gas) you should be ok. Per your description, it appears to be a simple underground storm sewer/drainage easement right? If so, I would say to ask yourself this question...how likely is it that they will have a problem with that storm line in the next 10-15 years (the average life expectancy of the fence)? In most cases, it is not very likely and even if repairs were required, it would likely only be a section or two of fence to repair right?
So try and determine what kind of easement it is and proceed with your fence... assuming its a storm sewer...
Best of Luck
Sean J Murphy