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We use cookies to give you the best possible experience on our website. Each has distinct requirements. to purchase has an easement running through it. Even general maintenance type provisions might be construed as not allowing a permanent structure. How to Draw Landscape Plans: Help for Beginning DIYers. Denso tape will suffice for burying pipes in concrete as long as they are protected from corrosion. Do Coffee Tables and End Tables Have to Match? 90 linear ft. of treated 24. Personally, I would not think about the easement for anything permanent. Save my name, email, and website in this browser for the next time I comment. Pouring the concrete that deep may bring it too close to utility lines. 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. Enjoy writing and spending time with my grandchildren. Check the survey, many times it's an aerial easement. Think of it as trespassing on the utility property. Step 5: Mix and pour concrete (or self-leveling concrete) over the existing layer. Regardless, it's best to confront him and talk it over a cup of coffee. Therein lays the core issue. Building a pool is fun, but before you start, you need to consider how your pool will impact the utility easement and your neighborhood. When you apply for the permit they will tell you what allowed and not. Utility Company Easement Restrictions | Pocketsense 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. An easement is a designated area of land that gives councils, or other authorities, access rights through your property to maintain, install, replace or upgrade essential services infrastructure like drains, gas pipes and data cables. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). The layer of wet concrete doesn't need to be thick. Even general maintenance type provisions might be construed as not allowing a permanent structure. How to Build a Deck Over a Concrete Patio - Family Handyman Experts recommend building at least 1/2 inch within your property line (get a survey if you do not have one). It is common for property owners to be unaware of easements and how they affect their property. You can plant or erect something on the edge of the easement to block your view of them, however. A concrete patio, for example, shouldnt be a problem with a view easement. You can cut, build fences and gates or make other modifications that will not disturb the water pipes buried beneath the ground or electrical lines above it. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). The short answer is yes. posted 2015-Mar-11, 2:35 pm AEST. Yes, you can build on a property easement, even a utility easement. Pour A Concrete Slab Over A Concrete Slab, #3 Porch - YouTube For example, if installing a high-voltage transmission line, you should ensure the easement is at least 50 feet wide. A right of way is an easement that allows one person to use another's property to reach their property. You will want to pour the concrete in sections anyways as a standard practice. and you will be subject to any of them. You need to determine who owns the easement and ask them about concreting over it. I like the cut of your jib. There are several different types of easements, and each one determines how difficult or complex concreting over one may be. You cant erect or plant anything that will keep them from reaching the public area. Personally, I'd actually relocate the gas-line so it's not under your driveway. In other words, the owner cannot make significant changes affecting the easements purpose. 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. Utility Easements: Locating & Identification Facts | Blog | SoftDig Currently residing in Southwest Florida. etc. 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. Measure the concrete slabs width. 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. Legal Information Institute, Cornell Law School. While communication with the company is unlikely to go smoothly, its an important step to know where you stand. You should be able to form concrete into a four-inch diameter, four-inch tall pile if it's mixed properly. Finally, you should speak with your neighbors. You should also investigate whether the environmental planning instrument contains a provision suspending 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. PDF Utility Accommodation Guide and Row Use - Hillsborough County It could contain now, or in the future, water lines, sewer lines, electric lines, gas lines, fiber optic, etc. Back to top. A pond is situated on property owned by two different property owners. There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk. Can I Place a Shed on an Easement on My Land - ExpertLaw So, if you want to expand your driveway, you should limit the coverage. Its going to be where they buried the pipes and lines. But the truth is, the easements associated with the property can be a major factor in the home's value. can you pour concrete over a utility easement Pedestrians are able to walk on the edge of your property to gain access to the beach. 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. The easement is recorded on both property deeds, but the neighbor has built a couple of retaining walls in the path and is planning on building further from my understanding (a patio). For example, suppose a particularly large tree in your backyard is interfering with network connectivity. Speaking with your local county, utility company, and neighbors can help you determine the location of the easements on your property. Copyright 2023 Home Improvement Cents, all rights reserved. A utility easement, for example, is complex. Press J to jump to the feed. Trees and other major vegetation should not be planted on easements. With your sledge hammer, tap the other end of the PVC pipe. If you cannot find your title documents, c heck with the county clerk. How I poured a concrete slab over an existing concrete porch slab. Rights of Way Frequently Asked Questions - Duke Energy Abandonment usually happens when there is an end of necessity of a utility easement. I help companies and individuals build their brands and convert more leads into opportunities & I love to write content about technology and marketing that help people to grow their business. Well, we have done some digging to find the soundest legal answer. BUT you need to check code for exactly what you have on your site. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. A particular act may be a substantial interference or not, depending on the circumstances. A utility company may have an easement on your property to access an electrical pole. (10 Reasons), Why Are Ring Doorbells So Expensive? You may wonder if youre able to concrete over a sidewalk easement. After the land is ready, you can start pouring the concrete over the easement. If you are building in a neighborhood governed by a Home Owners Association or similar organization, then the rules may be even more complicated. You will probably have to pay for access to the deed, and you can usually apply for a certified copy for future reference. Easement Basics - FindLaw 1 The person or entity who is allowed to do this is called the dominant estate; you are the servient estate . Utility easements are one of the most prevalent types of private property easements, allowing . 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. July 3, 1996. 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. Consider this information when you plan to concrete over an easement on your lot. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). This isnt ideal if you want to plant vegetation, trees, and other plants in and around your home. How the dominant estate uses the easement depends on the type that it is. A "regulatory instrument" is defined to include an "agreement, covenant or instrument" which would generally include an easement. Concreting over an existing sidewalk can be problematic. 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. The first is to determine whether your home has utilities or not. Can You Pour Concrete Over Existing Concrete - The Honest Truth Colin Biggers & Paisley, Australia 2023. The creation of a driveway easement is through a deed. It may be needed for the flow of storm water. An easement gives a person or organization a legal right to use someone else's landbut only for a needed purpose. Workers regularly access this manhole, working around the plantings. Check your deed or plot plan, or call the utility. 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. It's best to talk with them about what you plan to do and get their approval before proceeding as an act of courtesy. 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. If you are pouring a sidewalk or some kind of slab that can get pulled up then also probably ok. For instance, if you truly do own your house and land in full, how can someone lay claim to your property in perpetuity? The superior quality of resin over alternative driveway . Did you already call 811 to have the utilities marked? 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. However, inwhich, a utility easement can be extinguished. Easements usually lie there quietly, not affecting you for years or decades. However, we're not supposed to build something that will bother our neighbors. Generally, you cannot make any improvements in a drainage easement. Our mission is to discern truths, wherever they lie. There are preparations that you need to do, such as digging and having the site surveyed. If it is a recorded easement (like if it also serves the neighbors), the overbuilding restrictions will be spelled out. Can you block a utility easement? - Wise-Answer But whether or not you actually can build over it will generally depend on whether your proposal causes substantial interference to someone else's rights. Unfortunately, just because copper is resistant to corrosion doesnt mean it cant corrode, particularly if its installed underground or in concrete slabs. 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. 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. Use a shovel with a fiberglass handle and dig with extreme caution to avoid electric shock. 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. If they don't mind you building there, there is nothing to worry about. You can pour the concrete above the lines over the ground, but you are liable if you dig and damage the lines. Propane or natural gas can never be run below a concrete slab. Before beginning any construction project, dial 811 to schedule an appointment with your local utility locator service. 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. Have the bonding agency or insurance company complete the form and seal it.