Easements & Rights-of-Way


An easement is the property that the town uses to access utilities such as water, sewer, and electric lines to perform routine maintenance and repairs. As the town performs inspections of sewer lines, obstructions such as trees and fences are sometimes discovered on utility easements. These obstructions hinder state required inspections and prevent town employees from making quick repairs.


Rights-of-way are the portions of the roadside used for utility placement and roadside maintenance. Large plantings within the rights-of-way also pose a threat to underground utilities and hinder repair activities.

 All easements and rights-of-way are indicated on property surveys. Homeowners are urged to check their property surveys before adding fences or plants to insure that the easements and rights-of-way are kept clear.

Right-of-Way Obstructions

View an illustration of the typical residential right-of-way (PDF).

Basketball goals, hockey nets, and other play equipment erected in the public street right-of-way in front of a home are a hazard. While we appreciate the outdoor recreation this equipment provides for youth and adults alike, they present a very serious hazard to those who play and/or drive in the street.

Section 14-28 of the Town Code prohibits the playing of games in the public streets and is enforced by the Apex Police Department. Town Code section 18-11 prohibits placement of obstructions of any kind within the street right-of-way. For safety and liability reasons, the Town of Apex requests that all basketball goals and other play equipment be removed from the town’s right-of-way. Play equipment which remains in the street may be removed by the Town of Apex without further notice. Thank you for your assistance in this matter.

For more information, please contact the Town of Apex Police Department at (919) 362-8661.

Drainage Problems

The Town of Apex maintains the stormwater drainage system on all town property and within public drainage easements and right-of-way along town maintained roads. If you have a problem with drainage on your property, please call (919) 249-3427 to schedule an assessment of the problem. If the issue lies outside of the public right-of-way and/or 10 feet beyond the end of the pipe, it is most likely the property owner’s responsibility.

If you live near a stream or creek or have storm drain systems near your home, make sure the streams, ditches and structures are not blocked. Blockages can back water up causing flooded streets and yards. Report blockages within the right-of-way to Public Works.