The goal is to prevent the blockage of their view. Can a Surveyor Trespass on Your Property? Let's say an easement burdens your property. what is the utility? In some cases, not only a permit . Its possible to concrete over an easement. All Rights Reserved, Pouring Concrete over Utility Lines: Dos and Donts, How a Workers Compensation Defense Attorney Can Help You, Automated Shelving Systems: A Great Way to Optimize Warehouse Operations, Add Visual Interest To Your Home With PVC Column Wraps, Encourage Your Childs Creativity with a Coding Summer Camp, Enhance Your Excel Skills with an Online Excel Training Course. You may not even be aware that you have an easement. Property easements come in many shapes and forms. etc. Beyond the ROW, you can do what you want. Nothing elaborate. 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 . You won't be able to sneak it on and hope they don't notice though. The creation of a driveway easement is through a deed. Consider this information when you plan to concrete over an easement on your lot. An example of a permissively blocked easement is a power line that runs through your field. 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. It's you're property but it's their easement. How the dominant estate uses the easement depends on the type that it is. 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. How long would it take to watch all of Detective Conan. 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. (10 Reasons), Why Are Lawnmowers So Expensive? However, if there's any damage to the existing concrete, these problems can carry over into the new concrete. Just hope and pray that the City or any of the utility companies never need to dig in the easement. See it in actionand get pro tips on the correct way to use it in this video . Step 5: Mix and pour concrete (or self-leveling concrete) over the existing layer. 90 linear ft. of treated 24. But how do you find out whats permitted? It's a general utility easement. Youre able to build a home on the lot, put in pools, build decks, and lay concrete over the land. There are preparations that you need to do, such as digging and having the site surveyed. 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. An example would be a road that runs through the middle of two parcels of land. Build retaining walls or plant trees over water mains, sewerage, or gas pipes, as well as electricity cables. Copper Corrosion in Concrete A: Copper wont corrode in concrete, according to petrographer Bernie Erlin unless there are soluble chlorides present. Do not begin digging until your local utility company or private utility locating company has marked the locations of your utilities. There are driveway easements that allow access to your property in the form of a short road or driveway. 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. July 3, 1996. and you will be subject to any of them. The documents received back from the title company will have your warranty deed and attachments. Exact quantities depend on the shape of your patio and the layout of the decking. Normally an easement will not prevent you from building over or under it. Depending on who marks the utilites will determine what permits you need to get. This is a relatively new easement that is gaining traction as more homeowners come to care about their views. 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. The person or entity who is allowed to do this is called the dominant estate; you are the servient estate. Once you have your permission, you can start preparing the land. There are a few steps you should follow to concrete over an easement. You should also investigate whether the environmental planning instrument contains a provision suspending the easement. Chances are you will get nowhere and will be left with 7' missing from your court. Does Your Home Remodel Need a Land Survey? However, if it enters the green area, then the county may ask you to remove it. That being said, you shouldnt make assumptions, so its important to read the terms thoroughly to understand precisely what is permitted as a result of the arrangement. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. A common way that homeowners create this easement is when they decide to split their land into lots. I like the cut of your jib. 5 Can a patio be built over a buried utility line? A utility easement, for example, is complex. 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. Certain homeowners who rent parts of their home or their entire home to vacationers, for example, have an interest in controlling the view from their home. The login page will open in a new tab. Thats who likely owns your sidewalk easement, but it might also be a third party. 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. One of the property owners has given permission to a third party to fish the pond. Utility companies with easement rights can also tear . You will probably have to pay for access to the deed, and you can usually apply for a certified copy for future reference. It's best to talk with them about what you plan to do and get their approval before proceeding as an act of courtesy. In some areas, you can indeed pave a driveway just on the property line but you still have to verify this with the local government. Abandonment usually happens when there is an end of necessity of a utility easement. Check your deed or plot plan, or call the utility. The first thing to do when you receive the property deed is to read through the terms of the utility easement. But, there's some things you have to take into consideration before you make a final decision. You can concrete over a sidewalk easement that doesnt have a sidewalk installed on it yet. Most homeowners should already know that their property contains an easement as it is right there in the title documents when you buy the house. Currently residing in Southwest Florida. The simple answer is YES, you can pour new concrete right over existing concrete. After the land is ready, you can start pouring the concrete over the easement. You may think the only thing you have to worry about when buying or selling real estate is the deed restrictions. 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. Whether you want to build an add-on to your home or construct a concrete patio, you may wonder if youre able to do so with an easement on your property. If you purchase a property with a utility easement in place, it means that the utility company has the right to run lines on it, install items on it and do any other work necessary as dictated by law. For anything else, then you may only need 10 feet. 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. 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. Your plans will also need to be created and approved. Unfortunately, just because copper is resistant to corrosion doesnt mean it cant corrode, particularly if its installed underground or in concrete slabs. Finally, you should speak with your neighbors. Its important to take the proper precautions and plan carefully before you begin construction. 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. There is tension between the cases which have looked at whether an easement "imposes restrictions on development". Easement affects the size of your lot, making it smaller. Even general maintenance type provisions might be construed as not allowing a permanent structure. Building an above-ground pool on it is a better option than an in-ground pool. Also to know is, can you build over buried power lines. 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. If your home has sewer, water, internet, or electricity, then you have utilities. You may only end up concreting a part of it. And if not, install a piece of material to break the bond, like tar paper or sand. The complexity also depends on the type of easement that you want to build the pool on and concrete over. Yikes! Do a drive by and see how others have used their properties and that should give you some idea how strict the easement is being enforced. Many homeowners choose to have one installed as a service to their community. If they care, you may have to be a bit more careful about what you build. Apr 9, 2010. This is particularly frustrating if youre keen to undertake a home improvement project, as you might find that youre not permitted to do so. Bushes, lawn, and other shallow-rooted shrubberies may be planted on easements. 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. they probably can't fine you, but can force you to remove it. If you cannot find your title documents, c heck with the county clerk. If it does, then youll need to remove it once the county becomes aware of the situation. Worked in the home building industry for over 30 years. This is important for homes that have incredible views of forests, beaches, and even city skylines. You should avoid planting trees or much landscaping as well. Without any additional protection, NM (Romex) can pass through concrete. Even general maintenance type provisions might be construed as not allowing a permanent structure. 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. 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. You should be clear on who (and which companies) are permitted to access your property and for what reason. 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. It could contain now, or in the future, water lines, sewer lines, electric lines, gas lines, fiber optic, etc. To help you prepare for your upcoming property addition, we explain what a utility easement is, how it might affect you, and how you find out what you need to consider before pressing ahead with any projects. This isnt ideal if you want to plant vegetation, trees, and other plants in and around your home. Common terms and situations involving easements, Obtaining an easement over the land of an uncooperative neighbour under section 88K, Unsuccessful attempt to restore an easement which had been removed from the Register. 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. On each side of the concrete slab, dig a small trench. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. A particular act may be a substantial interference or not, depending on the circumstances. A property easement grants someone else the limited right to use your land for a specific purpose. In NSW you can't build over a sewer main. 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. Suppose you plan to pour some concrete to expand your driveway, but there's a utility easement on the land. 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. Working around buried structures is a lot of fun. The first two implied easements mentioned earlier are 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 still have the right to use the surface of the easement. You do own your property. If its a patio, then add some outdoor furniture or a fire pit. The first is by abandonment, and the second is by the end of necessity. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. A typical utility driveway layout is shown in Figure 8-1. Purcell, Lindsey. When building sidewalks, for example, you . Just leave that part off your permit application and have your contractor install it anyways. Servient Estate. That edge may turn into a sidewalk later. Made it to the end? http://www.centerpointenergy.com/staticfiles/CNP/Common/SiteAssets/doc/Release%20of%20Easement.pdf. a. the water authority finds out about your concreting, and. Utility Easement Restrictions. [Answers Per Bed Type]. All in all, it may be best to remove the asphalt drive and start the concrete project from scratch. - Answered by a verified Real Estate Lawyer. Again, some pedestrians may mistake it for a sidewalk and use it. As a homeowner, you are the subsidiary estate. They may use easements for the public good, green spaces, or even view protection. The second most common type is a sidewalk easement. This will give you an idea of the type of additions that are likely to be restricted. When it comes to concreting over a view easement, you still can do it as long as the project isnt vertical. You build your own house on the front lot and sell the back lot. 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. Step 4: Decide if you want your concrete bonded or not.