Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. The court held that the use by council of the Hitachi excavator would exceed the council's rights under the easement, due to the size of the machine. To protect the view, they may place a view easement on the properties around them. Normally an easement will not prevent you from building over or under it. If it werent for such arrangements, utility companies would face a difficult time carrying out required repairs and improvements. Well, we have done some digging to find the soundest legal answer. Keep in mind that existing grades can change, and the current depth of an electric or natural gas line may differ from when it was installed. You may want to create a patio that overlooks the beach, for example. Utility companies with easement rights can also tear . By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. In beating, the goal, Coin or banknote: Quantity: dollars half-dollars quarters dimes nickels pennies cents dollars half-dollars quarters dimes nickels pennies cents 4 dollars equals: 4 dollars equals 16, As a result, wet and dry sand volumes would not be the same; wet sand volumes would be higher because it has more mass, as, Thats about 360375 hours, so itll take you over two weeks if you dont stop for anything. The typical width for a utility easement (sewer and water lines) is 20 feet, but the distance depends on the installed service type. Your pesky neighbor can put a gate across a right of way as long as it does not substantially interfere with your ability to use the right of way. The company must make reasonable efforts to notify the owner of its intention to abandon the easement. As a homeowner, you are the subsidiary estate. Easement affects the size of your lot, making it smaller. To get bonded, contact (904) 255-8310 to request the Right of way Surety Bond Form and take it to a bonding agency or insurance company. Nothing elaborate. Its there in the event that you ever decide to have a sidewalk installed on your lot. We wouldnt advise proceeding with additions to your property if youre not clear about the terms of your utility easement. Building over septic tanks It is never recommended to build a structure over any portion of your septic system. The terms of the easement are paramount in most cases. How Much Does It Cost to Build a Barndominium? By Tweetylove in forum Real Estate Ownership and Title, By ichrisi in forum Real Estate Ownership and Title, By facilities in forum Real Estate Ownership and Title, By Toller in forum Real Estate Ownership and Title, By faylen in forum Real Estate Ownership and Title, Neighbor is Wilfully Building On Our Property, Does an Easement Protect a Portion of My Building Built Before the Easement, Building A Home, Neighbor Wants More Money, If this is your first visit please consider. You need to determine who owns the easement and ask them about concreting over it. Made it to the end? 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. These issues are particularly relevant when carrying out your due diligence before the purchase of a property for redevelopment. If you're building a structure, however, then it . 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. If you have an easement on your property it will be clearly marked on the certificate of title. Why Is My Wyze Plug Schedule Not Working? The video below describes what an easement is in detail: Utility easements are supposed to be permanent. Forgiveness, not permission. Utility easements typically allow for sewage, telephone lines, Internet, and various other essential aspects of our daily lives to be maintained. You may even decide that you want to concrete the driveway easement to create your driveway. 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. I know there is an underground utility easement that runs parallel to the street on my property. That doesn't mean you can't do that at all. You can go to the county records officeand check the records to find out if any easements are registered on the property. You may only end up concreting a part of it. Measure the concrete slabs width. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). This will give you an idea of the type of additions that are likely to be restricted. The allowed use varies from easement to easement, but in most cases, the landowner is not allowed to interfere with that use. If a neighbor blocks their view, then it may impact their rental business. If they ever need to access your utility lines, then theyll need to remove the concrete. Agree to read and understand the easement but your situation will be generally unique to the properties of that easement. Everything You Need to Know About Fence Installation, 23 Small Backyard Ideas to Make the Most of Your Space. So, when designing your pool, you need to factor in these elements. Your email address will not be published. A neighbor blocking access to your property is a pain in the behind. All properties, except for rare circumstances, have an easement of some type. The simple answer is YES, you can pour new concrete right over existing concrete. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. A pond is situated on property owned by two different property owners. This is video #3 of my porch to room addition series. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. You can build a fence ALONG an easement, but you can't block access to the easement with a fence without the permission of the other owner. You can pour the concrete over the ground above the lines but if you dig and damage the lines you are liable. By reviewing the property deed and seeking legal representation, you are putting yourself in the best position when it comes to finding out if your planned additions are permitted under the terms of your utility easement. 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. 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. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. It used to be allowed in certain circumstances, in a special vented conduit, but no longer. 1 The person or entity who is allowed to do this is called the dominant estate; you are the servient estate . However, in Cracknell and Lonergan Pty Limited v Council of the City of Sydney (2007) 155 LGERA 291, the court held that the access way in question did not cease to be operative. If the lines weren't deep enough or not in conduit that is the electric companies fault and you aren't responsible. 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. It is common for property owners to be unaware of easements and how they affect their property. Think of it as trespassing on the utility property. Select a pipe with enough diameter for the desired excavation width to run electrical wire under concrete. If you have an HOA, they will likely not approve any plans that show the slab on an underground easment. A particular act may be a substantial interference or not, depending on the circumstances. Will Mineral Spirits Remove Polyurethane? Step 2. You may think the only thing you have to worry about when buying or selling real estate is the deed restrictions. This isnt ideal if you want to plant vegetation, trees, and other plants in and around your home. A view easement might give your neighbor the right to enjoy a view of the coastline without you blocking the view by building your house up, planting trees, or adding other obstructions. If youre building a shallow concrete slab, you should be able to build it on top of existing lines, as long as you take the proper precautions. While you might think this is an unnecessary expense from the outset, the cost of hiring an attorney will be much less than court fees and remedial work if youre sued by a utility company for breaching the terms of the easement. Use a shovel with a fiberglass handle and dig with extreme caution to avoid electric shock. Steps to Building an In-Ground Swimming Pool. BUT you need to check code for exactly what you have on your site. The short answer is yes. and you will be subject to any of them. Companies that offer underground utilities construction services have the knowledge and experience to safely and successfully complete concrete construction projects, including pouring concrete over utility lines. However, if it enters the green area, then the county may ask you to remove it. If you cannot find your title documents, c heck with the county clerk. Our mission is to discern truths, wherever they lie. Bushes, lawn, and other shallow-rooted shrubberies may be planted on easements. There are only limited exclusions. An attorney will take the guesswork out of understanding the easement and will ensure you know where you stand. The intent to abandon may be expressed or implied, but it must be proven by clear, unequivocal, and convincing evidence. Your house's warranty deed should have an attachment that spells out the conditions of the easement. The court found that the instrument evidencing the access way did not impose restrictions on development, as the instrument actually conferred positive rights of ownership or use. Some years ago my neighbour concreted over his sewer grate and when the house down the street was . If you're certain the sidewalk is on your property and you now want it removed, you need to make 2-3 phone calls -- (1) to your neighbor to inform him of the problem; (2) to the neighbor's real estate agent to tell them that you want to protect your rights to the 6" strip in question, and perhaps (3) to your city/county code enforcement . Generally not, as you can build under or over it if the work will not have a material interference with the easement. Simply mix, trowel, and smooth Vinyl Patcher over the damaged areas to create a new level surface and clean edges. The person or entity who is allowed to do this is called the dominant estate; you are the servient estate. Required fields are marked *. Your question is, does Yates v. Metropolitan Gov., Nashville & Davidson County require the city to reimburse a certain property owner inside the city who has "piped" and . A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence. An example would be a road that runs through the middle of two parcels of land. What You Need To Know Before Financing Business Equipment ? Although there is no distance requirement on how close or far you should build your pool: you may want to build it further away. Copper Corrosion in Concrete A: Copper wont corrode in concrete, according to petrographer Bernie Erlin unless there are soluble chlorides present. 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. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. You can use an alternative route if you're not trespassing on someone else's property. Another way to find out about property easements is to speak to your county. #EverythingAboutConcrete #MikeDayConcreteI'm pouring a new stamped concrete patio over an existing brick patio in this video.I'll show you how we pour a conc. Suppose you plan to pour some concrete to expand your driveway, but there's a utility easement on the land. The final option available to you is to hire an attorney to look into the utility easement on your behalf. How deep does a gas line need to be buried in California? Depending on where you live, there may be legal setback requirements. Many homeowners choose to have one installed as a service to their community. It may be needed for the flow of storm water. . The first is to determine whether your home has utilities or not. Generally, you can do whatever you want on your utility easement as long as it doesnt unreasonably interfere with the use of the easement by the utility company. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. This is particularly frustrating if youre keen to undertake a home improvement project, as you might find that youre not permitted to do so. For example, you can look at extrinsic material to make sense of the terms and expressions found in the Land Titles Register, such as surveying terms and abbreviations on the registered plan, but little else. Abandonment usually happens when there is an end of necessity of a utility easement. Again, some pedestrians may mistake it for a sidewalk and use it. Adding a strip of concrete adjacent to the blacktop will add paved area. Never overburden or block access to water, gas, or electricity meters. 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. Build retaining walls or plant trees over water mains, sewerage, or gas pipes, as well as electricity cables. Propane or natural gas can never be run below a concrete slab. (10 Reasons), Why Are Ring Doorbells So Expensive? You will want to pour the concrete in sections anyways as a standard practice. California Land Title Association. 6 How big of an easement do you need for an underground power line? Every home needs utilities like sewer, water, and even internet service. Also to know is, can you build over buried power lines. A representative will come to the property and mark the locations of buried utility lines. Lorman Education Services. Home; About; Contact; can you pour concrete over a utility easement Cable TV lines, on the other hand, tend to be buried higher up. 1/2"-thick PVC trim or deck fascia (for spacers), plastic shims, 3/16-in. Its a section of your property where utility lines and pipes can go. When the driveway turns to reach the second lot, the primary homeowner gives an easement to the renter of the second lot to use the driveway. Follow the instructions on the label or hire a professional to ensure the concrete cures the correct way. Can you pour concrete over a propane line? Answer (1 of 4): Yes . The dominant estate owning the easement may need to access the easement. To find out information about utility easements that deal with underground lines, you can call 811 directly in the United States. To determine whether or not your neighbor is blocking your access, you must first determine where your neighbor's property begins and ends. Is it possible to embed Romex in concrete? However, the other estate, the dominant estate, owns certain sections of your land. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. Taking the proper precautions before you begin will reduce your risk of encountering costly and dangerous issues during construction. A person listed may not be admitted as a lawyer in all States and Territories. See it in actionand get pro tips on the correct way to use it in this video . You still have the right to use the surface of the easement. 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. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. In many instances, a utility company isnt required to inform you of the details of the work that is to be carried out on your property. How I poured a concrete slab over an existing concrete porch slab. masonry drill bits (minimum drilling depth of 3-1/2 in.) [Answers Per Bed Type]. The real issue arises when he locks the gate you are forced to go over. You can contact the utility company to determine the location of the easement. Easements in California. One final type of easement is a view easement. There is tension between the cases which have looked at whether an easement "imposes restrictions on development". Colin Biggers & Paisley, Australia 2023. Speaking with them can help you become aware of where the easements are and who owns them. Whenever you dig, you run the risk of encountering unseen utility lines buried underground. How you determine that, could be the most important part to answering that question. Utility Easements (Above Ground) You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. Just a straight line. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. The layer of wet concrete doesn't need to be thick. It gives them the right to dig up your property in that area to service and maintain their pipes and lines. I understand I am not supposed to build on it, but curious if others have done this before. Bermuda Grass Killer: What Kills Bermuda on Your Lawn? Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. There are a few steps you should follow to concrete over an easement. 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. The Spruce uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. The consequence of choosing to concrete over a property easement is that you may need to destroy the project later. It can often feel like a hazy world no one quite owns anything outright. Alistair Perry. The Call Before You Dig service will place flags to mark the locations of buried utility lines. If possible, try to build around any underground utility lines. Does Your Home Remodel Need a Land Survey? Do you need to get permission before pouring the concrete? what is the utility? If youre using direct bury cable, Id get it down 18 or keep it in the conduit after you get out from the concrete edge to protect it from casual digging. They can give you clear instructions on what you can and cant do with this type of easement. An example of a permissively blocked easement is a power line that runs through your field.