can you pour concrete over a utility easement

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. Before you proceed, you need to call 811 and check if any permits are required. They may have special rules attached to concreting over existing sidewalks. If so, prime your existing layer. For example, a property owner with a utility easement across her yard may plant a tree or build a fence around it. There may be multiple underground utility lines located at varying depths within a single area. If you damage a natural gas pipeline, for instance, you are endangering both your own safety and the safety of others. You can use an alternative route if you're not trespassing on someone else's property. 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. Typically, electric lines are buried approximately 18 inches below ground. Normally an easement will not prevent you from building over or under it. In some cases, not only a permit . Utility Easement Restrictions. Use a concrete bonding agent to spread over the existing slabs to help form a bond between the old and new layer of concrete. An easement or absence can make or break the sale of the property. The login page will open in a new tab. 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. On each side of the concrete slab, dig a small trench. [And What Other Products To Use], How To Install A Wyze Lock [Step By Step Guide], How To Keep Paint From Peeling Off Cabinets, What Curtains Go With Blue Walls? The simple answer is YES, you can pour new concrete right over existing concrete. We are passionate about home decor, design, and all things home related. A right of way is an easement that allows one person to use another's property to reach their property. 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 . How I poured a concrete slab over an existing concrete porch slab. They have an easement but you have livestock. Because you dont own the easement, its a good idea to make access points to it for those who do own it. The goal is to prevent the blockage of their view. This will give you an idea of the type of additions that are likely to be restricted. Most of the time, the problem may result from a misunderstanding. Sidewalk easements are the most common type of easement, the type which countless homeowners have on their property. A conservation easement may be a greenbelt or park running alongside your property. The first thing to do when you receive the property deed is to read through the terms of the utility easement. 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. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. Your email address will not be published. For instance, if you truly do own your house and land in full, how can someone lay claim to your property in perpetuity? (10 Reasons), Why Are Ring Doorbells So Expensive? All in all, it may be best to remove the asphalt drive and start the concrete project from scratch. 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. What is a maintenance easement? [15 Awesome Ideas!]. Even general maintenance type provisions might be construed as not allowing a permanent structure. Do I need to get approval for this sort of thing? Utility companies with easement rights can also tear . Your plans will also need to be created and approved. A "regulatory instrument" is defined to include an "agreement, covenant or instrument" which would generally include an easement. Use a shovel with a fiberglass handle and dig with extreme caution to avoid electric shock. The content also is subject to change. The good news is that many concrete installations at or just above grade level will not need a permit. If youre planning to do concrete work, you may need a building permit before you begin the job. Read our. There are several different types of easements. When youve decided that you want to press ahead with an addition to your home, you should contact the utility company directly to address the planned work. It's you're property but it's their easement. However, we're not supposed to build something that will bother our neighbors. Never overburden or block access to water, gas, or electricity meters. Trees and Electric Lines. 15 Yes, you can build on a property easement, even a utility easement. Select a pipe with enough diameter for the desired excavation width to run electrical wire under concrete. It grants the right to use your land for road purposes. If you are pouring a sidewalk or some kind of slab that can get pulled up then also probably ok. The most common type of easement falls under the category of a utility easement. They usually run along the property lines for the length of the easement. Electrical power lines or telephone lines also run over private property. Check the survey, many times it's an aerial easement. Also to know is, can you build over buried power lines. The court declared that the landowners were entitled to construct the roof above the easement. 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. Some years ago my neighbour concreted over his sewer grate and when the house down the street was . They can't fine you for sure, but the easement might forbid building permanent structures, a provision they could probably enforce against you in court. Yes, you can pour concrete over buried power lines, but you should seek professional assistance if you decide to do it. There are also two main dominant estates that own sections of your land. This should not be relied on as specific advice. The deed can also include other regulations like who has the right-of-way if both cars drive up or down the driveway at the same time. Steps to Building an In-Ground Swimming Pool. As that estate, you own most of the property of the lot that you purchased. Yes, you can concrete over an easement. The first is to determine whether your home has utilities or not. If a neighbor blocks their view, then it may impact their rental business. If an easement burdens the property you propose to develop, examine the scope of the easement and assess whether your proposed work will cause a material interference with the enjoyment of the easement. You can pour concrete over concrete. If the relevant environmental planning instrument contains a provision made under section 28 of the EPA Act, you need to consider the terms of the provision carefully. Well, we have done some digging to find the soundest legal answer. Lorman Education Services. There are a few ways you can determine if you have a property easement and its location on your property. The most common type of property easement is a utility easement. The first is by abandonment, and the second is by the end of necessity. Workers regularly access this manhole, working around the plantings. An easement is the legal right for someone to access and control land belonging to somebody else. All properties, except for rare circumstances, have an easement of some type. This is video #3 of my porch to room addition series. After the land is ready, you can start pouring the concrete over the easement. Read the easement. Other factors that may affect the requirements are your local soil type, the climate, and whether the boundary will be located on a property line. The first two implied easements mentioned earlier are Only piping can be installed in an open channel or sealed non-corrosive conduit, according to the IFGC Commentary, can be installed in a concrete slab. Time of inspection before you pour concrete and arrival time of concrete. Your contractor will have to do a one-call so the operator will find out. The most important aspect of granting a permit for a utility driveway is coordination with the Utility before they purchase the site or obtain an easement. Make these areas to avoid any interference. In NSW you can't build over a sewer main. So, if you want to expand your driveway, you should limit the coverage. A pond is situated on property owned by two different property owners. If it is a recorded easement (like if it also serves the neighbors), the overbuilding restrictions will be spelled out. Even general maintenance type provisions might be construed as not allowing a permanent structure. You won't be able to sneak it on and hope they don't notice though. Sometimes, issues like this happen because you've done something to your neighbor that you're unaware of, and he's just trying to make you pay for it. Why Is Vinyl Fencing So Expensive? However, the other estate, the dominant estate, owns certain sections of your land. Before concreting or a conservation easement, you should first speak with your county. If you call them and they say no, going ahead with your plan is not your best idea. Again, some pedestrians may mistake it for a sidewalk and use it. There are several different types of easements, and each one determines how difficult or complex concreting over one may be. Answer (1 of 4): Yes . 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. View easements are less common, but becoming more common as communities become aware of the monetary value of sightlines. They can give you clear instructions on what you can and cant do with this type of easement. An easement or right-of-way cannot be crossed by a deck. Building over utility lines is a common occurrence. An easement is a designated area of land that gives councils, or other authorities, access rights through your property to maintain, install, replace or upgrade essential services infrastructure like drains, gas pipes and data cables. Is There a Thing Such as St. Augustine Grass Seed? Generally, you cannot make any improvements in a drainage easement. Personally, I would not think about the easement for anything permanent. We use cookies to give you the best possible experience on our website. When you apply for the permit they will tell you what allowed and not. For a sewer easement, assuming the construction unreasonably impairs the use, the cost of destroying the obstruction would be weighed against the cost of other possible remedies, such as the additional cost of running the sewer line under the construction. If you cannot find your title documents, c heck with the county clerk. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). Walkers and joggers will love passing your home if you plant shrub roses, lavender or other easy-care options near the curb to add color and fragrance to your front yard. 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. Typically, an environmental planning instrument provides that regulatory instruments which "impose restrictions on the carrying out of development" do not apply. It used to be allowed in certain circumstances, in a special vented conduit, but no longer. The good news is that utility companies rarely need to access their easement unless something is wrong with their pipes or lines. A concrete patio, for example, shouldnt be a problem with a view easement. But whether or not you actually can build over it will generally depend on whether your proposal causes substantial interference to someone else's rights. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. Building an above-ground pool on it is a better option than an in-ground pool. 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. If you share a beach with them, then they likely have similar property easements as you. 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 . Understanding what easements are and why you don't actually own all your property is important if you can build over easements. Its possible to concrete over an easement. You should avoid planting trees or much landscaping as well. 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. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. 2. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. That means theyre allowed to drive their cars down that section of the driveway, but theyre not allowed to drive it down the part of the driveway that the primary owner uses. You can concrete over an easement if youre building a pool. A representative will come to the property and mark the locations of buried utility lines. There can be others who can own property easements on your land, but they usually need permission from you beforehand. Ask them to verify how deep the lines are buried. Reply elastic 21/07/2009 Does this mean you are prohibited from building under or over it? Look at what the easement is for and whether you can negotiate to change its location. Can a Surveyor Trespass on Your Property? They may use easements for the public good, green spaces, or even view protection. An easement grants certain people or entities a legal right to use someone else's land for a specific purpose. Step 1: Prepare the Surface To begin, you'll need to properly prepare your existing concrete slab's surface for a fresh application. 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. Anything, from a house addition down to fences, shrubs, and children's playsets might need to be removed in this event. A home's easement affects the property in many ways, including: Generally, easements are not visible, yet they can create legal issues on your property. The complexity also depends on the type of easement that you want to build the pool on and concrete over. Lee has over two decades of hands-on experience remodeling, fixing, and improving homes, and has been providing home improvement advice for over 13 years. The intent to abandon may be expressed or implied, but it must be proven by clear, unequivocal, and convincing evidence. Its going to be where they buried the pipes and lines. Easement affects the size of your lot, making it smaller. 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. For anything else, then you may only need 10 feet. 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. In such cases, the utility company has no choice but to abandon the easement. The allowed use varies from easement to easement, but in most cases, the landowner is not allowed to interfere with that use. You can pour the concrete over the ground above the lines but if you dig and damage the lines you are liable. If thats the case, then you may have some difficulty concreting over it. The only issue with sizing is whether the conduit extends at least 2 beyond the slab and can be tightly sealed. But if you are pouring a big slab or building on top it w. Did you already call 811 to have the utilities marked? Push the PVC pipes angled end into the trench on one side and into the soil. utility poles, transformers, overhead or underground . The council contended that the roof would prevent it from using a particular Hitachi excavator if there was an emergency fault in the pipes. Measure the concrete slabs width. If you have an HOA, they will likely not approve any plans that show the slab on an underground easment. The consequence of choosing to concrete over a property easement is that you may need to destroy the project later. The buyer builds a house on the backlot. The second most common type is a sidewalk 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. These issues are particularly relevant when carrying out your due diligence before the purchase of a property for redevelopment. Because a view easement can impact whether you can build a second or third story on your home, you should determine if your property has a view easement on it. We regularly help developers deal with this difficult issue. Especially after - ugh - how crappy to have to dig up your work! Some may even be able to use it as a shortcut. If so, from whom? Utility Easements (Above Ground) You should also consider whether the operation of the easement burdening your property has been suspended by an environmental planning instrument. If its a patio, then add some outdoor furniture or a fire pit. b. there is a fault in the sewer upstream from your concrete, they will try and blame/charge you for the cost of the fault. While you might be inconvenienced by a utility easement from time to time, its actually an important part of the development and sustainability of communities. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. Experts recommend building at least 1/2 inch within your property line (get a survey if you do not have one). 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. Yikes! They'll just (legally) tear up anything you've put down in the easement. Re: Utility easement: Does the servient property owner have the right to pour concrete over our water easement? You should always ensure the people pass over your land without inconveniencing you/your family. If you begin construction before finding out where these lines are located, and you accidentally hit and damage one of them, you can interrupt essential services for an entire neighbourhood. 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. If they don't mind you building there, there is nothing to worry about. You will then be subject to expensive fines and repair costs. Currently residing in Southwest Florida. Without any additional protection, NM (Romex) can pass through concrete. Can a lot owner pour a concrete footer in a PUE easement? You may want to create a patio that overlooks the beach, for example. Easements in California. Check your deed or plot plan, or call the utility. Some activities are allowed, while others are not. Made it to the end? Likely they can help you find documents relating to your property, including your property survey or plat, depicting the easements Property Easements That May Affect You The most common easements in residential areas are . etc. Still, its a risk to concrete over a utility easement. In that case, a utility company may have the legal authority to remove or trim it without your permission. Utility lines run underneath pavement, streets, and sidewalks all the time; but when installing a new patio or deck, it's very important to make sure you do it safely to avoid damaging any existing lines. I have a 14 foot utility easement in the back of my lot that I am about to close on. How High Should A Bed Headboard Be? The final option available to you is to hire an attorney to look into the utility easement on your behalf. Finally, you should speak with your neighbors. Consider this information when you plan to concrete over an easement on your lot.



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