can you pour concrete over a utility easement can you pour concrete over a utility easement

Just make sure that the part above the easement has its own section so if the city needs to access it, you only have to excavate that section. The allowed use varies from easement to easement, but in most cases, the landowner is not allowed to interfere with that use. If your home has sewer, water, internet, or electricity, then you have utilities. A right of way is the easement over your land to facilitate the passage of people or other vehicles. Then, you need to figure out what is and isn't permissible on his and your side. You do own your property. 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. to purchase has an easement running through it. I am an entrepreneur, marketing consultant, author and speaker. Your email address will not be published. There is tension between the cases which have looked at whether an easement "imposes restrictions on development". Copper Corrosion in Concrete A: Copper wont corrode in concrete, according to petrographer Bernie Erlin unless there are soluble chlorides present. If they care, you may have to be a bit more careful about what you build. They likely wont argue with you, but they will give you a warning. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Does this mean you are prohibited from building under or over it? Thats acceptable as long as the patio doesnt cut off traffic to the beach. Easements by implication, better known as implied easements, may be created three ways: (1) by reserva-tion, (2) by grant or (3) by way of necessity. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). Before you proceed, you need to call 811 and check if any permits are required. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. A common way that homeowners create this easement is when they decide to split their land into lots. 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. It grants the right to use your land for road purposes. 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. The last thing I'd feel like dealing with is a possible rupture during or after the install of the new driveway. You will then be subject to expensive fines and repair costs. However, if it enters the green area, then the county may ask you to remove it. This can check your bases and ensure you dont need to tear down the project later. 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. If the Area Engineer needs assistance before granting access to a Utility, they should call the District Traffic Operations Engineer. If you have an easement on your property it will be clearly marked on the certificate of title. Some types of easements: Storm drains, sanitary sewer mains, or natural gas lines frequently run through and under private property. You can do pretty much anything you want. 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. etc. There are several different types of easements, and each one determines how difficult or complex concreting over one may be. 90 linear ft. of flashing tape. Do not begin digging until your local utility company or private utility locating company has marked the locations of your utilities. The documents received back from the title company will have your warranty deed and attachments. A neighbor with easement rights to access part of a yard can rightfully demand a dividing fence be removed. 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. Another way to find out about property easements is to speak to your county. 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. Easements are legal designations that allow individuals or entities to use portions of your property (to build on or for physical access), even though you still own the land and technically have a right to build on it. Copyright 2016 -2022 Froggy And The Mouse. One of the first steps to take is to understand where the easement is on your property. California Land Title Association. Understanding what easements are and why you don't actually own all your property is important if you can build over easements. The layer of wet concrete doesn't need to be thick. Speaking with your local county, utility company, and neighbors can help you determine the location of the easements on your property. This can be done through your. Look at what the easement is for and whether you can negotiate to change its location. Can a lot owner pour a concrete footer in a PUE easement? If the lines weren't deep enough or not in conduit that is the electric companies fault and you aren't responsible. You cant erect or plant anything that will keep them from reaching the public area. Make these areas to avoid any interference. Not necessarily a terrible idea, but it does involve risk. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). These easements usually run along the side border of a property and allow the public access to an area beyond your property, such as a beach, park, or simply as a shortcut. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. Check the survey, many times it's an aerial easement. 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. Olanike "Nike" Orisamolu is a fact-checker and digital marketing expert with experience in communications, writing, editing, and content marketing. Utility easements should be as wide as possible to accommodate pipes, cables, or power lines routed through them. However, we're not supposed to build something that will bother our neighbors. That edge may turn into a sidewalk later. How you determine that, could be the most important part to answering that question. 90 linear ft. of treated 24. That doesn't mean you can't do that at all. If you have an HOA, they will likely not approve any plans that show the slab on an underground easment. can you pour concrete over a utility easementlivrer de la nourriture non halal. You will want to pour the concrete in sections anyways as a standard practice. 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 . Building over septic tanks It is never recommended to build a structure over any portion of your septic system. If youre planning to do concrete work, you may need a building permit before you begin the job. A "regulatory instrument" is defined to include an "agreement, covenant or instrument" which would generally include an easement. Can a Surveyor Trespass on Your Property? Yes, you can concrete over an easement. View easements are less common, but becoming more common as communities become aware of the monetary value of sightlines. They may have special rules attached to concreting over existing sidewalks. Building permit requirements vary depending on location, so its essential to consult the building permit laws relevant to the location of the construction site. Required fields are marked *. Please log in again. All properties, except for rare circumstances, have an easement of some type. Accidentally hitting an underground utility line not only causes property damage, but it can also lead to serious bodily harm. Check out what you need to know about pouring concrete over concrete, including crucial steps, tips, the appropriate thickness for concrete on concrete overlay. You can go to the county records officeand check the records to find out if any easements are registered on the property. Simply mix, trowel, and smooth Vinyl Patcher over the damaged areas to create a new level surface and clean edges. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. But, there's some things you have to take into consideration before you make a final decision. Purcell, Lindsey. You can't revoke a right of way unilaterally. They usually run along the property lines for the length of the easement. It can affect the access to your land, making it more difficult for you to use. You may think the only thing you have to worry about when buying or selling real estate is the deed restrictions. 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. The goal is to prevent the blockage of their view. Generally, you cannot make any improvements in a drainage easement. For instance, if you truly do own your house and land in full, how can someone lay claim to your property in perpetuity? Understanding what easements are and why you dont actually own all your property is important if you can build over easements. All in all, it may be best to remove the asphalt drive and start the concrete project from scratch. 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. Determine its length and width and if it has any depth to it. Generally not, as you can build under or over it if the work will not have a material interference with the easement. what is the utility? Can you pour concrete over a propane line? Even if a sidewalk isn't physically in place, you may still have a sidewalk easement in place on paper. Time of inspection before you pour concrete and arrival time of concrete. Whether there is material interference depends on the scope of the easement and the other particular circumstances. An easement grants certain people or entities a legal right to use someone else's land for a specific purpose. In most cases, its going to be your local utility company or your county. They'll just (legally) tear up anything you've put down in the easement. There are preparations that you need to do, such as digging and having the site surveyed. 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. The company must make reasonable efforts to notify the owner of its intention to abandon the easement. On larger lots, a homeowner might decide to split the lot in half and rent the second lot out to another family. If you intend to lay a concrete driveway over the entire area in the future, the base for the asphalt and its suitability for concrete will become a consideration. 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. Measure the concrete slabs width. This is important for homes that have incredible views of forests, beaches, and even city skylines. 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. If you come across any lines or pipes within your construction zone, contact the relevant utility company for assistance moving the lines. Cable TV lines, on the other hand, tend to be buried higher up. There are no other options for connecting a sewer line other than through his backyard. Yes, you can pour concrete over buried power lines, but you should seek professional assistance if you decide to do it. 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. Especially after - ugh - how crappy to have to dig up your work! You can concrete over the easement as long as it doesnt interfere with their ability to reach the public beach. Alistair Perry. Its there in the event that you ever decide to have a sidewalk installed on your lot. Building over utility lines is a common occurrence. It could contain now, or in the future, water lines, sewer lines, electric lines, gas lines, fiber optic, etc. Personally, I would not think about the easement for anything permanent. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. Property easements come in many shapes and forms. There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk. ; Limits on structures may restrict the size of your patio, as some zoning laws set a maximum area or percentage of a property that can be developed or built upon. Dump it all out onto the existing concrete, then begin spreading it around using a hand trowel or paver. 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. Taking the proper precautions before you begin will reduce your risk of encountering costly and dangerous issues during construction. The first is by abandonment, and the second is by the end of necessity. Your email address will not be published. Typically, electric lines are buried approximately 18 inches below ground. One final type of easement is a view easement. In this case, the primary homeowner who chose to split the lot in two owns the driveway as a whole. Abandonment is determined based on the parties' intents, not on the subjective belief of any of them. Several homeowners along Beechnut had experience with this a few years ago. Spread the liquid mix over the existing concrete. Create an account to follow your favorite communities and start taking part in conversations. Work must be completed properly at the time of inspection. 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. Typically, utility easements are designed for specific infrastructures. See it in actionand get pro tips on the correct way to use it in this video . 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. How to Draw Landscape Plans: Help for Beginning DIYers. To find out information about utility easements that deal with underground lines, you can call 811 directly in the United States. 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. 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. If you are pouring a sidewalk or some kind of slab that can get pulled up then also probably ok. If they don't mind you building there, there is nothing to worry about. Easements usually lie there quietly, not affecting you for years or decades. Concreting over this easement is possible. 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. They will place flags indicating where it is safe for you to work. As its name might suggest, its part of your lot thats reserved for the construction of a driveway. Shrubs are removed only in key areas. Enclosed pipes (1) No part of any installation pipework should be installed in a wall, a floor, or a solid construction standing unless it is so constructed and installed that it is protected from failure caused by the movement of the wall, the floor, or the standing, as the case may be.