Can you pour concrete over a utility easement? Its something you may be able to get away with if the concrete resides solely on your property. There is tension between the cases which have looked at whether an easement "imposes restrictions on development". 90 linear ft. of flashing tape. If they ever need to come on your property to do work they can remove whatever structure is in their easement if required and not have to replace it. Determine its length and width and if it has any depth to it. Yes, you can pour concrete over buried power lines, but you should seek professional assistance if you decide to do it. How deep does a gas line need to be buried in California? This type of easement is growing more popular as cities and counties take action to preserve the environment. Your email address will not be published. 1 Response I havent seen any cable in direct contact with concrete. The real issue arises when he locks the gate you are forced to go over. Your email address will not be published. Plant a fragrance garden. A home buyer's guide to easements and property rights | Trulia I have a 14 foot utility easement in the back of my lot that I am about to close on. How to Pour Concrete Over Concrete In either case, should you decide that this is the best way to get your job done, continue reading for step-by-step instructions. If the services are already in this would be costly. Your email address will not be published. If youre planning to do concrete work, you may need a building permit before you begin the job. You need to know that your neighbors may be concerned about noise and the safety of their kids. While you don't own the right of way since it is given to you as a privilege, you can use it for whatever purposes you wish. If you come across any lines or pipes within your construction zone, contact the relevant utility company for assistance moving the lines. Amazing Looking Stamped Concrete Patio Over Existing Brick Pavers In Doe v Cogente (1997) 94 LGERA 305, the court held that a provision made under section 28 of the EPA Act suspended the operation of a access way, so that an approved development could proceed on the burdened land. Yes, you can build on a property easement, even a utility easement. A property easement grants someone else the limited right to use your land for a specific purpose. For instance, if you truly do own your house and land in full, how can someone lay claim to your property in perpetuity? Paving over gas line | DIY Home Improvement Forum Especially after - ugh - how crappy to have to dig up your work! You will almost certainly not be able to build a home over the line if a landline phone, electricity, gas, or water crosses your property. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use. The easement is recorded on both property deeds, but the neighbor has built a couple of retaining walls in the path and is planning on building further from my understanding (a patio). Most concrete jobs involve digging. Always check with your local municipality to ensure your plans to build on a property easement don't infringe upon any necessary access points or property borders. You might need to dig a foundation up to 24 inches deep before pouring concrete. There are driveway easements that allow access to your property in the form of a short road or driveway. Required fields are marked *. However, an owner can make minor changes to the easement if they don't cause a material change. They likely wont argue with you, but they will give you a warning. Normally an easement will not prevent you from building over or under it. For instance, if a sewer or water company requires access to pipes in your backyard, youre probably not going to be able to install a swimming pool in that area. Suppose you plan to pour some concrete to expand your driveway, but there's a utility easement on the land. They advise that you dig by hand, rather than by machine, anywhere within 18 inches of the flags. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). Again, some pedestrians may mistake it for a sidewalk and use it. Copyright 2023 Home Improvement Cents, all rights reserved. In most cases, its going to be your local utility company or your county. Thats acceptable as long as the patio doesnt cut off traffic to the beach. The dominating rule regarding easement agreements in real estate titles is that the easement holder has rights to use portions of a property without the property owner's permission. can a lot owner pour a concrete footer in a PUE easement? If you own a house with a utility easement on the property deed, the chances are that it is likely to affect any home improvement additions that you may be hoping to make on your property. Pipes with enclosures, Beating is a more difficult process than mixing, and it traditionally necessitates the use of a whisk or an electric mixer. . You should be clear on who (and which companies) are permitted to access your property and for what reason. How to Draw Landscape Plans: Help for Beginning DIYers. For example, if installing a high-voltage transmission line, you should ensure the easement is at least 50 feet wide. Although it rarely happens, just remember that they have the right to remove anything built over the easement if they need to work on the services. For example, a drainage easement allows outside entities access to a portion of someone's property to access drainage infrastructure or make repairs to prevent flooding. If your home has sewer, water, internet, or electricity, then you have utilities. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. Easement Basics - FindLaw Working around buried structures is a lot of fun. It's best to talk with them about what you plan to do and get their approval before proceeding as an act of courtesy. You need to determine who owns the easement and ask them about concreting over it. Follow the instructions on the label or hire a professional to ensure the concrete cures the correct way. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. Here are 15 ways you can improve your home's curb appeal right at the curb: 1. They give the renting family of the second lot ownership of the driveway easement that links their home to the primary driveway and street. We are passionate about home decor, design, and all things home related. You will probably have to pay for access to the deed, and you can usually apply for a certified copy for future reference. Push the PVC pipes angled end into the trench on one side and into the soil. What Is A Utility Easement? | Rocket Mortgage The easement can restrict your development. The process can be difficult if you need to tear out the pool later. The layer of wet concrete doesn't need to be thick. Youre able to build a home on the lot, put in pools, build decks, and lay concrete over the land. Known as call before you dig, the hotline was set up by the Federal Communications Commission, and you can get up-to-date information about any easements on your property that deal with underground lines. You will want to pour the concrete in sections anyways as a standard practice. An easement is the right to use a portion of a piece of property without actually owning it. This is commentary published by Colin Biggers & Paisley for general information purposes only. However, if it enters the green area, then the county may ask you to remove it. The Froggy And The Mouse is a technology and Marketing related blog that picks transforms society and vice versa. Reply. For example, if there is an access way through your property, you probably will be able to put a sewer under it or a structure over it. Personally, I'd actually relocate the gas-line so it's not under your driveway. Lets Hear it From the Experts, Lawn Chinch Bug Infestation: Damage Control 101. Now in semi-retirement, I write and manage this blog focused on helping home owners make savvy decisions when it comes to finding contractors and getting their projects done. Look at what the easement is for and whether you can negotiate to change its location. A neighbor blocking access to your property is a pain in the behind. Btw, I realize a permeable cover is an option, but I'm asking specifically about a simple concrete path. Have the bonding agency or insurance company complete the form and seal it. Typically, you can find the deed for your property in one of the following locations: If you can, acquire a copy of the property deed and read the terms of the utility easement thoroughly. An easement is typically granted by property owners to an electric utility for the purpose of constructing and maintaining power lines and other equipment. Also to know is, can you build over buried power lines. However, we're not supposed to build something that will bother our neighbors. Currently residing in Southwest Florida. Even general maintenance type provisions might be construed as not allowing a permanent structure. This meant that vertical interference with the use of that machine at a height of 6.5 metres was not relevant. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. Code Requirements for Patios | Hunker For example, a common easement is one that a utility company has for placing cables, pipes, or other equipment under or over the property to allow property owners to use their utilities. The deed will state that the two parties can share the driveway to a certain point. Registered. This should not be relied on as specific advice. - Answered by a verified Real Estate Lawyer. Just make sure that the part above the easement has its own section so if the city needs to access it, you only have to excavate that section. Generally not, because if the work is not materially interfering with the easement, you can build underneath or over it. Likely you can find documents relating to your property, including easements. A right of way is a type of easement or agreement that grants a utility the right to use, access or transit a piece of property. Different requirements will apply to covered decks. Understanding what easements are and why you dont actually own all your property is important if you can build over easements. If you live on the beach, then you likely have a beach easement on your property. Doing this won't make your neighbor feel like they are losing their privacy and interfere with the utility company's use of the easement. On larger lots, a homeowner might decide to split the lot in half and rent the second lot out to another family. The good news is that utility companies rarely need to access their easement unless something is wrong with their pipes or lines. PDF Easements in Texas - Texas A&M University Depending on where you live, there may be legal setback requirements. A $50.00 re-inspection fee may be charged if work . They may even have a private easement on your property that they established with the previous owner. Or if your driveway overlaps your property line, you might rely on an easement on your neighbor's property to get to your garage. If theres a risk of tearing the project down later, then theyll also warn you about the consequences. But due to a greater public goodmuch like eminent domain actionsyou are required to give over part of your land in service of that good. Back to top. Building over utility lines is a common occurrence. Can you pour concrete over a propane line? Utility easements are rights of way that a property owner grants to a public utility company (such as a telephone or electric utility) to lay pipes, wires, or cables underground. However, the other estate, the dominant estate, owns certain sections of your land. The first is by abandonment, and the second is by the end of necessity. How you determine that, could be the most important part to answering that question. . If you want to concrete over this easement, then you should first contact your local utility company. The short answer is yes. A utility easement is a legal arrangement whereby utility companies can access private land if the work to be undertaken is deemed to be for the benefit of the public. You can concretely use an easement if you obtain approval from the appropriate authorities (i.e., who owns the services). Because of this, it needs to be strong, durable, and built to last. Best to talk to them ahead of time. That edge may turn into a sidewalk later. The complexity also depends on the type of easement that you want to build the pool on and concrete over. If youve purchased a property that comes with a utility easement, it could potentially affect you in the following ways: Arguably the biggest inconvenience facing homeowners who are subject to utility easements is the fact that certain additions may not be permitted under the terms of the arrangement. Building an above-ground pool on it is a better option than an in-ground pool. Several homeowners along Beechnut had experience with this a few years ago. MTAS was asked whether the city is required to reimburse a property owner who has "piped" and covered the natural drainage easement that runs though his property. We use cookies to give you the best possible experience on our website. A utility easement, for example, is complex. Typically, electric lines are buried approximately 18 inches below ground. Get Ready For Summer With The Right Ac Company. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. Typically, utility easements are designed for specific infrastructures. The court also argued that Doe v Cogente was wrongly decided. Agree to read and understand the easement but your situation will be generally unique to the properties of that easement. Consider this information when you plan to concrete over an easement on your lot.