If your home has sewer, water, internet, or electricity, then you have utilities. Whether there is material interference depends on the scope of the easement and the other particular circumstances. As its name might suggest, its part of your lot thats reserved for the construction of a driveway. You can pour the concrete over the ground above the lines but if you dig and damage the lines you are liable. 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. On larger lots, a homeowner might decide to split the lot in half and rent the second lot out to another family. 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. Exact quantities depend on the shape of your patio and the layout of the decking. Its possible to concrete over an easement. They establish green areas to help soak up the carbon dioxide in the region. 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. 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. But, there's some things you have to take into consideration before you make a final decision. Spread the liquid mix over the existing concrete. You may wonder if youre able to concrete over a sidewalk easement. Your house's warranty deed should have an attachment that spells out the conditions of the easement. 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. A conservation easement may be a greenbelt or park running alongside your property. Will Mineral Spirits Remove Polyurethane? You can do pretty much anything you want. 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. Make these areas to avoid any interference. . Although there is no distance requirement on how close or far you should build your pool: you may want to build it further away. Removsble platform would be the best option. It can often feel like a hazy world no one quite owns anything outright. However, if it enters the green area, then the county may ask you to remove it. 15 You will want to pour the concrete in sections anyways as a standard practice. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. The simple answer is YES, you can pour new concrete right over existing concrete. The Call Before You Dig service will place flags to mark the locations of buried utility lines. How deep is a gas line buried in Ontario? 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. It's best to talk with them about what you plan to do and get their approval before proceeding as an act of courtesy. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. I am an entrepreneur, marketing consultant, author and speaker. Any insurance company capable of handling commercial accounts can help you. A neighbor blocking access to your property is a pain in the behind. If the Area Engineer needs assistance before granting access to a Utility, they should call the District Traffic Operations Engineer. masonry drill bits (minimum drilling depth of 3-1/2 in.) High Court's decision in Castle Constructions Pty Limited v Sahab Holdings Pty Ltd [2013] HCA 11 to prevent the restoring in the Register of an easement that had been removed from the Register. Even general maintenance type provisions might be construed as not allowing a permanent structure. Yes, you can pour concrete over buried power lines, but you should seek professional assistance if you decide to do it. Just leave that part off your permit application and have your contractor install it anyways. You can pour concrete over concrete. Step 6: Level the concrete if using traditional concrete, smooth it out, and wait for it . You may only end up concreting a part of it. For anything else, then you may only need 10 feet. The goal is to prevent the blockage of their view. It was all well and good for years when no one said anything or seemed to notice until one day Centerpoint came along and forced them to remove all the permanent structures at the homeowners' expense. 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. Every home needs utilities like sewer, water, and even internet service. As that estate, you own most of the property of the lot that you purchased. [Answers Per Bed Type]. Experts recommend building at least 1/2 inch within your property line (get a survey if you do not have one). What Is A Property Easement? Some may even be able to use it as a shortcut. You might be able to execute some sort of encroachment agreement with them if your slab doesn't impede their access too much. When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. Concrete destroys greenery like grass, trees, and other plants. This is probably the easiest concrete mistake to make because properly mixed concrete looks too dry to flow and trowel properly. 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. Your plans will also need to be created and approved. If youre concreting over a utility easement, then you want to be careful how deep you dig. Our mission is to discern truths, wherever they lie. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. Understanding what easements are and why you dont actually own all your property is important if you can build over easements. One of the first steps to take is to understand where the easement is on your property. Use a shovel with a fiberglass handle and dig with extreme caution to avoid electric shock. The deed will state that the two parties can share the driveway to a certain point. Press down hard on the concrete to work the liquid mix into any cracks as you smooth out the scratch coat layer. 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. Its there in the event that you ever decide to have a sidewalk installed on your lot. The location of all drainage, utility, and road easements located on the property Arrows indicating direction of post-construction water drainage . An attorney will take the guesswork out of understanding the easement and will ensure you know where you stand. The court also argued that Doe v Cogente was wrongly decided. If the right of way has already been granted to other entities and you want to extinguish it, you need to ask for their consent first. If it werent for such arrangements, utility companies would face a difficult time carrying out required repairs and improvements. Generally not, because if the work is not materially interfering with the easement, you can build underneath or over it. It keeps you from telling people to leave if theyre using the public beach area. You will probably have to pay for access to the deed, and you can usually apply for a certified copy for future reference. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. Working around buried structures is a lot of fun. However, the other estate, the dominant estate, owns certain sections of your land. You should be able to form concrete into a four-inch diameter, four-inch tall pile if it's mixed properly. Everything You Need to Know About Fence Installation, 23 Small Backyard Ideas to Make the Most of Your Space. If a problem ever arises with the sidewalk, then the dominant party will send someone to fix it. If you want to be sure you are not breaking any rules when you do anything on the utility easement, keep reading as we explain exactly what you can and cannot do. The consequence of choosing to concrete over a property easement is that you may need to destroy the project later. You will want to pour the concrete in sections anyways as a standard practice. The court declared that the landowners were entitled to construct the roof above the easement. Have the bonding agency or insurance company complete the form and seal it. Youre able to build a home on the lot, put in pools, build decks, and lay concrete over the land. You can concrete over a sidewalk easement that doesnt have a sidewalk installed on it yet. When building sidewalks, for example, youre likely working near the road where utility lines tend to be buried. Understanding what easements are and why you don't actually own all your property is important if you can build over easements. A utility company may have an easement on your property to access an electrical pole. You can't revoke a right of way unilaterally. Building an above-ground pool on it is a better option than an in-ground pool. Lets Hear it From the Experts, Lawn Chinch Bug Infestation: Damage Control 101. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. When building sidewalks, for example, you . Finally, you should speak with your neighbors. Typically this could be a access way or an easement for drainage. Just a straight line. I agree that it's probably best to avoid this. Properties that are part of an urban and suburban neighborhood usually have this easement attached to them. 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. If so, to what extent can you build and will you ever be forced to tear down any of the items that you have built? A prime choice for homeowners with a driveway easement, is the installation of a resin bound driveway. If it is just the service to your house, well, if it craps out and needs to be replaced, they won't be gentle with whatever is in the way. Does Your Home Remodel Need a Land Survey? Ask them to verify how deep the lines are buried. A drainage easement has two possible purposes. Building a pool is fun, but before you start, you need to consider how your pool will impact the utility easement and your neighborhood. Check the survey, many times it's an aerial easement. 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. . In NSW you can't build over a sewer main. In other words, the owner cannot make significant changes affecting the easements purpose. 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. 1 Response I havent seen any cable in direct contact with concrete. The typical width for a utility easement (sewer and water lines) is 20 feet, but the distance depends on the installed service type. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes "substantial" or "material" interference. Currently residing in Southwest Florida. More than likely you won't be able to get permission since companies need a way to access their utilities. Property easements come in many shapes and forms. Do not begin digging until your local utility company or private utility locating company has marked the locations of your utilities. If youre making a vertical structure made out of concrete, however, then you may face some problems. If theres a risk of tearing the project down later, then theyll also warn you about the consequences. It also means youll have to concrete over the area again when theyre done. The last thing I'd feel like dealing with is a possible rupture during or after the install of the new driveway. 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. Purcell, Lindsey. You can go to the county records officeand check the records to find out if any easements are registered on the property. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose.
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