A $50.00 re-inspection fee may be charged if work . 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. 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. Then, you need to figure out what is and isn't permissible on his and your side. They advise that you dig by hand, rather than by machine, anywhere within 18 inches of the flags. To protect the view, they may place a view easement on the properties around them. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use. The second most common type is a sidewalk easement. Can You Pour Concrete Over Concrete? - Weekend Builds Home; About; Contact; can you pour concrete over a utility easement It could contain now, or in the future, water lines, sewer lines, electric lines, gas lines, fiber optic, etc. It's you're property but it's their easement. Fences regularly get built along or across easements. Get Ready For Summer With The Right Ac Company. Can you pour concrete over buried electrical lines? Your house's warranty deed should have an attachment that spells out the conditions of the easement. The allowed use varies from easement to easement, but in most cases, the landowner is not allowed to interfere with that use. This can check your bases and ensure you dont need to tear down the project later. After the construction is over, the utility company can install their pipes and lines in the property easement they own. You may want to create a patio that overlooks the beach, for example. The world abounds with easements, but only certain types may affect a homeowner who wants to build or remodel. . Especially after - ugh - how crappy to have to dig up your work! what is the utility? Yet if you value peace of mind over everything else, not building on that easement is the best way to go. A view easement is a type of easement that prohibits homeowners from building more stories or planting large trees. They establish green areas to help soak up the carbon dioxide in the region. 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. We delve deep into how technology, Market, Health is used by governments, businesses, and citizens of the world while analyzing its ethical, social, and philosophical implications. You need to find out what's in it currently and who has rights to place facilities in it in the future. It also means youll have to concrete over the area again when theyre done. Wouldn't that be the servant's responsibility to pay the additional cost? Further, suppose you're aware that there has always been either a utility cable or pipe running through your parents' property. Can you bury electric cable in concrete as a result? For example, a property owner with a utility easement across her yard may plant a tree or build a fence around it. Lead solder can break down when copper pipes are joined together, causing leaks around seams, joints, and fittings. The goal is to prevent the blockage of their view. Let's say an easement burdens your property. If you have utility lines running through your yard, follow these tips: If a utility company regularly works on your property as per the terms of the easement, it is likely to affect the aesthetics of your garden. Its important to take the proper precautions and plan carefully before you begin construction. Ask them to verify how deep the lines are buried. Utility Easements: Locating & Identification Facts | Blog | SoftDig Cable, internet and electrical are often underground these days. 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. Some homeowners, whether accidentally or deliberately, build items like patio decks or home extensions over their systems. I agree that it's probably best to avoid this. Youre able to build a home on the lot, put in pools, build decks, and lay concrete over the land. Normally an easement will not prevent you from building over or under it. She was previously a fact-checker for Appen and was a B2B writer and content marketer for Wordpress. While you don't own the right of way since it is given to you as a privilege, you can use it for whatever purposes you wish. Not all projects can support access points, but if you can install them, then you can decrease the chance of needing to remove the concrete later. Easements in California. Can I Place a Shed on an Easement on My Land - ExpertLaw masonry drill bits (minimum drilling depth of 3-1/2 in.) These areas are placed explicitly for these materials. Then, when you decide to bump out your house, put on an addition, dig a pool, or erect a fence, you find out that you have a legal easement running through your property. As its name might suggest, its part of your lot thats reserved for the construction of a driveway. 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. Can You Pour New Concrete over Old Concrete: The Complete Guide Utility Easements (Above Ground) 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. This easement allows people to gather on the edge of your property if the area is public. No. The most common type of easement falls under the category of a utility easement. There may be multiple underground utility lines located at varying depths within a single area. Flatten the area where you want to pour the concrete. Yes, you can concrete over an easement. 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. In such cases, the utility company has no choice but to abandon the easement. After the land is ready, you can start pouring the concrete over the easement. Each has distinct requirements. This should not be relied on as specific advice. Can you pour concrete over buried electrical lines? If the Area Engineer needs assistance before granting access to a Utility, they should call the District Traffic Operations Engineer. Pouring the concrete that deep may bring it too close to utility lines. Your email address will not be published. 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. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. The complexity also depends on the type of easement that you want to build the pool on and concrete over. If you cannot find your title documents, check your county website's tax assessor section. To find out information about utility easements that deal with underground lines, you can call 811 directly in the United States. You can concrete over an easement if youre building a pool. I also operate remodeling design service for homeowners. Before someone builds a home, the local utility company parcels off part of the land for themselves. Any insurance company capable of handling commercial accounts can help you. In NSW you can't build over a sewer main. What is a Utility Easement? | Anaheim, CA - Official Website Unless your proposed work causes substantial or material interference, the owner of the land benefiting from the easement will not be able to bring an action against you. a. the water authority finds out about your concreting, and. Another type of easement is a driveway easement. 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. When it comes to concreting over a view easement, you still can do it as long as the project isnt vertical. Alistair Perry. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. Can you pour concrete over a propane line? - KnowledgeBurrow.com Copper Corrosion in Concrete A: Copper wont corrode in concrete, according to petrographer Bernie Erlin unless there are soluble chlorides present. A particular act may be a substantial interference or not, depending on the circumstances. An easement or right-of-way cannot be crossed by a deck. 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. How to Build a Deck Over a Concrete Patio - Family Handyman Utility Company Easement Restrictions | Pocketsense If its a patio, then add some outdoor furniture or a fire pit. That edge may turn into a sidewalk later. Best to talk to them ahead of time. Suppose you plan to pour some concrete to expand your driveway, but there's a utility easement on the land. Utility easements typically allow for sewage, telephone lines, Internet, and various other essential aspects of our daily lives to be maintained. - Answered by a verified Real Estate Lawyer. A common way that homeowners create this easement is when they decide to split their land into lots. Why Is Vinyl Fencing So Expensive? The real issue arises when he locks the gate you are forced to go over. Let's dive right in! You build your own house on the front lot and sell the back lot. Removsble platform would be the best option. Utility companies with easement rights can also tear . Our mission is to discern truths, wherever they lie. Understanding what easements are and why you dont actually own all your property is important if you can build over easements. Check out these related articles! 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. Have the bonding agency or insurance company complete the form and seal it. The Call Before You Dig service will place flags to mark the locations of buried utility lines. Some years ago my neighbour concreted over his sewer grate and when the house down the street was . Ask The Author Your Questions In The Comments! 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. A person listed may not be admitted as a lawyer in all States and Territories. 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. Before you proceed, you need to call 811 and check if any permits are required. It keeps you from telling people to leave if theyre using the public beach area. The person or entity who is allowed to do this is called the dominant estate; you are the servient estate. Thats acceptable as long as the patio doesnt cut off traffic to the beach. While hiring an attorney is far from ideal, its your safest bet when dealing with a utility easement. The consequence of choosing to concrete over a property easement is that you may need to destroy the project later. they probably can't fine you, but can force you to remove it. You won't be able to sneak it on and hope they don't notice though. A home buyer's guide to easements and property rights | Trulia What Are the Rules About Putting a Fence on an Easement? - Reference.com They may even have a private easement on your property that they established with the previous owner. 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. A drainage easement has two possible purposes. can you pour concrete over a utility easementlivrer de la nourriture non halal. This isnt ideal if you want to plant vegetation, trees, and other plants in and around your home. So, when designing your pool, you need to factor in these elements. The location of all drainage, utility, and road easements located on the property Arrows indicating direction of post-construction water drainage . If they don't mind you building there, there is nothing to worry about. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. Again, some pedestrians may mistake it for a sidewalk and use it. 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. Trees and Electric Lines. You should also consider whether the operation of the easement burdening your property has been suspended by an environmental planning instrument. Can you build a driveway over an easement? - Quora Finally, you are permitted to do this as long as you do not restrict the access ofthe easement holder. How does a drainage easement impact what I can do on my property? However, there are. Currently residing in Southwest Florida. Your email address will not be published. Your contractor will have to do a one-call so the operator will find out. Building over utility lines is a common occurrence. Maybe your neighbor thinks you're taking too long to get in or out of your car. Can You Pour Concrete Over Existing Concrete - The Honest Truth In that case, there's a good chance of a utility easement on your property. Workers regularly access this manhole, working around the plantings. Why Is My Wyze Plug Schedule Not Working? Finally, you should speak with your neighbors. 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. I've seen various utility companies handle encroachments in different ways from leaving construction machinery parked on the easement for weeks to resodding after they were done even when they were under no obligation to do so. 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. The short answer is yes. You still have the right to use the surface of the easement. You should be able to form concrete into a four-inch diameter, four-inch tall pile if it's mixed properly. Heres our guide to finding out more about your utility easement: The details of a utility easement will be clearly stipulated on the property deed. The layer of wet concrete doesn't need to be thick. You should avoid planting trees or much landscaping as well. What Is A Utility Easement? | Rocket Mortgage If youre planning to do concrete work, you may need a building permit before you begin the job. [Answers Per Bed Type]. Press down hard on the concrete to work the liquid mix into any cracks as you smooth out the scratch coat layer. They may use easements for the public good, green spaces, or even view protection. It is the electric companys fault if the lines werent deep enough or were not in conduit, and you arent to blame. I am an entrepreneur, marketing consultant, author and speaker. Whenever you dig, you run the risk of encountering unseen utility lines buried underground. If thats the case, then you may have some difficulty concreting over it. We are passionate about home decor, design, and all things home related. Well, we have done some digging to find the soundest legal answer. You might also be responsible for the cost of repairs. The property owner with a utility easement is entitled to the same use of the easement as the utility company is entitled to use. The easement ensures that youre unable to block their access to the public beach. Do You Need a Building Permit for Outdoor Concrete Work However, the other estate, the dominant estate, owns certain sections of your land. A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. Does this mean you are prohibited from building under or over it? You might be able to execute some sort of encroachment agreement with them if your slab doesn't impede their access too much. It used to be allowed in certain circumstances, in a special vented conduit, but no longer. You can go to the county records officeand check the records to find out if any easements are registered on the property. 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. This is an area that takes up the least amount of space on the lot and provides an efficient path to the nearby street. In this case, the primary homeowner who chose to split the lot in two owns the driveway as a whole. If you have an easement on your property it will be clearly marked on the certificate of title. A right of way is an easement that allows one person to use another's property to reach their property. An example of a permissively blocked easement is a power line that runs through your field. They likely wont argue with you, but they will give you a warning. There can be others who can own property easements on your land, but they usually need permission from you beforehand. 1 Response I havent seen any cable in direct contact with concrete. The terms of the easement are paramount in most cases. Is the existing concrete structurally sound? If a problem ever arises with the sidewalk, then the dominant party will send someone to fix it. To gain access to that backlot, the buyer should have a driveway 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. You can pour the concrete over the ground above the lines but if you dig and damage the lines you are liable. However, inwhich, a utility easement can be extinguished. How Much Does It Cost to Build a Barndominium? you are taking a risk that. If they care, you may have to be a bit more careful about what you build. 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. 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. In-ground pools are more problematic, not only because they cannot easily be removed but because they may interfere with in-ground easements. 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. It can affect the access to your land, making it more difficult for you to use. A property easement grants someone else the limited right to use your land for a specific purpose. You cant erect or plant anything that will keep them from reaching the public area. The court also argued that Doe v Cogente was wrongly decided. Those utilities require pipes, power lines, and gas lines to bring the service to the home. See it in actionand get pro tips on the correct way to use it in this video . Likely you can find documents relating to your property, including easements. Use a shovel with a fiberglass handle and dig with extreme caution to avoid electric shock. You might need to dig a foundation up to 24 inches deep before pouring concrete. This type of easement is growing more popular as cities and counties take action to preserve the environment. 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? posted 2015-Mar-11, 2:35 pm AEST. For example, if installing a high-voltage transmission line, you should ensure the easement is at least 50 feet wide. Follow the instructions on the label or hire a professional to ensure the concrete cures the correct way.