Your email address will not be published. So, if you want to expand your driveway, you should limit the coverage. 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. That edge may turn into a sidewalk later. All properties, except for rare circumstances, have an easement of some type. 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. These issues are particularly relevant when carrying out your due diligence before the purchase of a property for redevelopment. My objective was to create a new lev. I know there is an underground utility easement that runs parallel to the street on my property. You can pour the concrete over the ground above the lines but if you dig and damage the lines you are liable. I also operate, How to Get Rid of Grubs: The Best Grub Killers for Lawns, When to Apply Crabgrass Preventer: A Lawn Care Guide, The Best Starter Fertilizers for New Grass: Expert Lawn Care and Maintenance Tips. The first two implied easements mentioned earlier are She was previously a fact-checker for Appen and was a B2B writer and content marketer for Wordpress. The most important thing you need to consider before allowing a utility easement on your property is how it will affect your home. Can you pour concrete over a utility easement? It gives them the right to dig up your property in that area to service and maintain their pipes and lines. An easement or absence can make or break the sale of the property. You can concrete over the easement as long as it doesnt interfere with their ability to reach the public beach. Can You Pour New Concrete over Old Concrete: The Complete Guide To gain access to that backlot, the buyer should have a driveway easement. Even general maintenance type provisions might be construed as not allowing a permanent structure. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. In Ex Parte Purcell (1982) 47 P & CR 433, the owners of land burdened by a watermain easement in favour of the local council sought a declaration from the court that they were entitled to construct a roof at a height of 6.5 metres above the easement. Can you pour concrete over electrical lines. | O-T Lounge - TigerDroppings We are passionate about home decor, design, and all things home related. Utility Easement Restrictions. Another type of easement is a driveway easement. Can you bury electric cable in concrete as a result? Easements at a Glance. But the truth is, the easements associated with the property can be a major factor in the home's value. 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. Its a section of your property where utility lines and pipes can go. Although there is no distance requirement on how close or far you should build your pool: you may want to build it further away. Theyll need a driveway easement to connect the second lot to the street. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. Whether there is material interference depends on the scope of the easement and the other particular circumstances. Pouring the concrete that deep may bring it too close to utility lines. If your home has sewer, water, internet, or electricity, then you have utilities. Olanike "Nike" Orisamolu is a fact-checker and digital marketing expert with experience in communications, writing, editing, and content marketing. Whenever you dig, you run the risk of encountering unseen utility lines buried underground. 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 . Can you also concrete over gas pipes? 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. Utility easements are one of the most prevalent types of private property easements, allowing . This is probably the easiest concrete mistake to make because properly mixed concrete looks too dry to flow and trowel properly. An example of a permissively blocked easement is a power line that runs through your field. Read our. 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. FAQs About Easements on One's Property | Nolo Concreting over an existing sidewalk can be problematic. They will place flags indicating where it is safe for you to work. How does a drainage easement impact what I can do on my property? If it does, then youll need to remove it once the county becomes aware of the situation. Determine its length and width and if it has any depth to it. Before you proceed, you need to call 811 and check if any permits are required. Building a Patio Over Buried Utility Lines - Today's Homeowner There may be multiple underground utility lines located at varying depths within a single area. Even general maintenance type provisions might be construed as not allowing a permanent structure. Use a concrete bonding agent to spread over the existing slabs to help form a bond between the old and new layer of concrete. Thats who likely owns your sidewalk easement, but it might also be a third party. How long would it take to watch all of Detective Conan. Building an above-ground pool made out of concrete or with a concrete deck is easier than a below-ground pool made out of concrete. If youre making a vertical structure made out of concrete, however, then you may face some problems. Cable TV lines, on the other hand, tend to be buried higher up. Further, suppose you're aware that there has always been either a utility cable or pipe running through your parents' property. Press J to jump to the feed. Yes, you can build on a property easement, even a 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. 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. The terms of the easement are paramount in most cases. The easement gives them the right to gain access to your property to service the sidewalk. Normally an easement will not prevent you from building over or under it. Plant a container garden. Reply. You should also investigate whether the environmental planning instrument contains a provision suspending the easement. When building sidewalks, for example, you . Generally not, as you can build under or over it if the work will not have a material interference with the easement. You can concrete over a sidewalk easement that doesnt have a sidewalk installed on it yet. An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. Concreting over this easement is possible. Your contractor will have to do a one-call so the operator will find out. However, the law in this area is not clear. masonry drill bits (minimum drilling depth of 3-1/2 in.) The easement ensures that youre unable to block their access to the public beach. Purdue University Extension Forestry and Natural Resources, 2015. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). Press question mark to learn the rest of the keyboard shortcuts. But, there's some things you have to take into consideration before you make a final decision. A deed, which is normally issued to property owners upon the acquisition of a property, should describe all of a property's public and private usage rights. 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. Beyond the ROW, you can do what you want. Step 6: Level the concrete if using traditional concrete, smooth it out, and wait for it . You can bulldoze an above-ground pool with ease. Utility companies with easement rights can also tear . 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. Its a good idea to receive written permission from them to concrete over the easement. Steel corrosion is likely to occur due to galvanic action when copper is adjacent to steel reinforcement and an electrolyte like chloride is present. 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 keeps you from telling people to leave if theyre using the public beach area. to purchase has an easement running through it. Building over an easement | Bayside City Council A sidewalk easement is a part of the lot thats reserved for the installation of a sidewalk. If the Area Engineer needs assistance before granting access to a Utility, they should call the District Traffic Operations Engineer. Code Requirements for Patios | Hunker These easements (and others) are part of this strange world where the public, government agencies, and utility companies have access to your property, yet you still own the property. Although other easements may be included on land agreements (necessity, private, and prescriptive), utility easements tend to be the most common. Depending on where you live, there may be legal setback requirements. Speaking with your local county, utility company, and neighbors can help you determine the location of the easements on your property. Your email address will not be published. The typical width for a utility easement (sewer and water lines) is 20 feet, but the distance depends on the installed service type. For anything else, then you may only need 10 feet. Not necessarily a terrible idea, but it does involve risk. The short answer is yes. The location of all drainage, utility, and road easements located on the property Arrows indicating direction of post-construction water drainage . 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. Can a Surveyor Trespass on Your Property? Never overburden or block access to water, gas, or electricity meters. Taking the proper precautions before you begin will reduce your risk of encountering costly and dangerous issues during construction. Those utilities require pipes, power lines, and gas lines to bring the service to the home. 15 You should avoid planting trees or much landscaping as well. The buyer builds a house on the backlot. Utility Accommodation Guide and Row Use - Hillsborough County The consequence of choosing to concrete over a property easement is that you may need to destroy the project later. Concrete Too Wet. The good news is that utility companies rarely need to access their easement unless something is wrong with their pipes or lines. Bermuda Grass Killer: What Kills Bermuda on Your Lawn? Steps to Building an In-Ground Swimming Pool. One useful resource is the list of Common terms and situations involving easements on the website of the NSW governments office of Land and Property Information. 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. If you ignore the easement or carry out work that will restrict the access of a utility company, you could be liable to expensive legal fees going forward. Building over septic tanks It is never recommended to build a structure over any portion of your septic system. Although some aspects of sidewalk maintenance are up to the homeowner, like keeping them clear of snow, actual maintenance of the sidewalk is up to the county. After the land is ready, you can start pouring the concrete over the easement. [15 Awesome Ideas!]. You still have the right to use the surface of the easement. Pedestrians are able to walk on the edge of your property to gain access to the beach. Select a pipe with enough diameter for the desired excavation width to run electrical wire under concrete. 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. The first thing to do when you receive the property deed is to read through the terms of the utility easement. If you are unfamiliar with the laws and guidelines pertaining to utility lines construction, it might be wise to seek professional guidance to avoid potentially dangerous and expensive consequences later on. A concrete patio, for example, shouldnt be a problem with a view easement. Another way to find out about property easements is to speak to your county. We wouldnt advise proceeding with additions to your property if youre not clear about the terms of your utility easement. How you determine that, could be the most important part to answering that question. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. How deep is a gas line buried in Ontario? The Spruce uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. The court declared that the landowners were entitled to construct the roof above the easement. Can You Pour Concrete Over Concrete? - Weekend Builds What You Need To Know Before Financing Business Equipment ? Shrubs are removed only in key areas. 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. Trees and Electric Lines. If you have an HOA, they will likely not approve any plans that show the slab on an underground easment. To a point. - Answered by a verified Real Estate Lawyer. I understand I am not supposed to build on it, but curious if others have done this before. I agree that it's probably best to avoid this. 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. 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. Registered. Its important to take the proper precautions and plan carefully before you begin construction. 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. Before beginning any construction project, dial 811 to schedule an appointment with your local utility locator service. Even if your home doesnt have a sidewalk, you may still have one attached to your property. Can You Build on a Property or Utility Easement? - The Spruce Be careful not to pull, nick, or break any underground utility lines. She can change the appearance of the easement as long as it doesn't materially affect the utility company's use and access to the easement. Measure the concrete slabs width. They likely wont argue with you, but they will give you a warning. If youre concreting over a utility easement, then you want to be careful how deep you dig. If you have an easement on your property it will be clearly marked on the certificate of title. Can you pour concrete over buried electrical lines? - Quora A particular act may be a substantial interference or not, depending on the circumstances. Purcell, Lindsey. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. 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. 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. However, if there's any damage to the existing concrete, these problems can carry over into the new concrete. Reimbursing a Property Owner Who Has Piped and Covered the Natural Its going to be where they buried the pipes and lines. With your sledge hammer, tap the other end of the PVC pipe. neighbor built over my property line - HomeOwnersHub I agree that it's probably best to avoid this. [Answers Per Bed Type]. a. the water authority finds out about your concreting, and. The final option available to you is to hire an attorney to look into the utility easement on your behalf. Building an above-ground pool on it is a better option than an in-ground pool. This easement allows people to gather on the edge of your property if the area is public. You can plant or erect something on the edge of the easement to block your view of them, however. For example, a property owner with a utility easement across her yard may plant a tree or build a fence around it. You can contact the utility company to determine the location of the easement. You need to find out what's in it currently and who has rights to place facilities in it in the future. Did you already call 811 to have the utilities marked? 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. The deconstruction process will cost less. To protect the view, they may place a view easement on the properties around them. You can concrete over an easement if youre building a pool.