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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. 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 . Because of this, it needs to be strong, durable, and built to last. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. While its possible to concrete over an easement to build a pool, it can be an extremely costly thing to do if theres ever a problem with the easement. They may have special rules attached to concreting over existing sidewalks. 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. Thats who likely owns your sidewalk easement, but it might also be a third party. 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. Copyright 2016 -2022 Froggy And The Mouse. In some cases, not only a permit . 1 The person or entity who is allowed to do this is called the dominant estate; you are the servient estate . On each side of the concrete slab, dig a small trench. You might need to dig a foundation up to 24 inches deep before pouring concrete. Its possible to concrete over an easement. You can't revoke a right of way unilaterally. Any advice would be greatly appreciated. If you share a beach with them, then they likely have similar property easements as you. It can affect the access to your land, making it more difficult for you to use. They advise that you dig by hand, rather than by machine, anywhere within 18 inches of the flags. It may be needed for the flow of storm water. Utility easements typically allow for sewage, telephone lines, Internet, and various other essential aspects of our daily lives to be maintained. One common scenario: you have an above-ground garden planted on an easement, covering the manhole to the sewer main. To gain access to that backlot, the buyer should have a driveway easement. They give the renting family of the second lot ownership of the driveway easement that links their home to the primary driveway and street. Going too deep can expose the utility lines and pipes. Once the concrete is in place, youre able to finish the project. 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. Apr 9, 2010. You do own your property. How deep does a gas line need to be buried in California? Just hope and pray that the City or any of the utility companies never need to dig in the easement. Again, some pedestrians may mistake it for a sidewalk and use it. Even general maintenance type provisions might be construed as not allowing a permanent structure. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. utility poles, transformers, overhead or underground . 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 . 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. An attorney will take the guesswork out of understanding the easement and will ensure you know where you stand. However, they may not interfere with the utility company's easement use. Our mission is to discern truths, wherever they lie. Check out this book about easements on Amazon. How High Should A Bed Headboard Be? Bermuda Grass Killer: What Kills Bermuda on Your Lawn? 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. If you're building a structure, however, then it . An easement is the legal right for someone to access and control land belonging to somebody else. Different requirements will apply to covered decks. When you apply for the permit they will tell you what allowed and not. July 3, 1996. This meant that vertical interference with the use of that machine at a height of 6.5 metres was not relevant. It is common for property owners to be unaware of easements and how they affect their property. 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. Steps to Building an In-Ground Swimming Pool. 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. 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. Will Mineral Spirits Remove Polyurethane? 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. Don't be fooled. Likely they can help you find documents relating to your property, including your property survey or plat, depicting the easements Property Easements That May Affect You The most common easements in residential areas are . 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. The second most common type is a sidewalk easement. Building a pool is fun, but before you start, you need to consider how your pool will impact the utility easement and your neighborhood. 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. On each side of the concrete slab, dig a small trench. They can give you clear instructions on what you can and cant do with this type of easement. If you have an easement on your property it will be clearly marked on the certificate of title. Then, contact each of the companies responsible for the different utility lines over which you will be building. Check your deed or plot plan, or call the utility. 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. Push the PVC pipes angled end into the trench on one side and into the soil. Olanike "Nike" Orisamolu is a fact-checker and digital marketing expert with experience in communications, writing, editing, and content marketing. 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. 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. If its an addition to the house, then its time to start building the walls. Do Coffee Tables and End Tables Have to Match? The dominant estate owning the easement may need to access the easement. Electrical power lines or telephone lines also run over private property. 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. Can you build on the most common type of easement, a utility easement? Easements usually lie there quietly, not affecting you for years or decades. If you want to concrete over this easement, then you should first contact your local utility company. An example would be a road that runs through the middle of two parcels of land. Several homeowners along Beechnut had experience with this a few years ago. A $50.00 re-inspection fee may be charged if work . Depending on where you live, there may be legal setback requirements. As its name might suggest, its part of your lot thats reserved for the construction of a driveway. Step 2. ; Drainage or water conservation laws may dictate certain design parameters. 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. If you ignore the easement or carry out work that will restrict the access of a utility company, you could be liable to expensive legal fees going forward. How you determine that, could be the most important part to answering that question. Building over utility lines is a common occurrence. If you live on the beach, then you likely have a beach easement on your property. There are utility easements that allow sewer and gas lines. 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. If theres a problem with your utility lines or pipes, then the company will need to destroy the pool to access them. and you will be subject to any of them. It used to be allowed in certain circumstances, in a special vented conduit, but no longer. There may be multiple underground utility lines located at varying depths within a single area. Well, we have done some digging to find the soundest legal answer. To a point. Everything You Need to Know About Fence Installation, 23 Small Backyard Ideas to Make the Most of Your Space. You still have the right to use the surface of the easement. Suppose you plan to pour some concrete to expand your driveway, but there's a utility easement on the land. Its something you may be able to get away with if the concrete resides solely on your property. 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. The documents received back from the title company will have your warranty deed and attachments. There are a few steps you should follow to concrete over an easement. Finally, you should speak with your neighbors. 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. If you own a house with a utility easement on the property deed, the chances are that it is likely to affect any home improvement additions that you may be hoping to make on your property. A particular act may be a substantial interference or not, depending on the circumstances. You need to know that your neighbors may be concerned about noise and the safety of their kids. However, we're not supposed to build something that will bother our neighbors. Press J to jump to the feed. Under section 28 of the Environmental Planning and Assessment Act 1979 (NSW), an environmental planning instrument may suspend a specified "regulatory instrument" to the extent necessary to enable approved or permissible development to by carried out. You can plant or erect something on the edge of the easement to block your view of them, however. Because you dont own the easement, its a good idea to make access points to it for those who do own it. Pedestrians are able to walk on the edge of your property to gain access to the beach. The complexity also depends on the type of easement that you want to build the pool on and concrete over. After the land is ready, you can start pouring the concrete over the easement. Sidewalk easements are the most common type of easement, the type which countless homeowners have on their property. Use a shovel with a fiberglass handle and dig with extreme caution to avoid electric shock. Other factors that may affect the requirements are your local soil type, the climate, and whether the boundary will be located on a property line. If the services are already in this would be costly. If you call them and they say no, going ahead with your plan is not your best idea. Without any additional protection, NM (Romex) can pass through concrete. Exact quantities depend on the shape of your patio and the layout of the decking. Typically, electric lines are buried approximately 18 inches below ground. Ask them to verify how deep the lines are buried. There are several different types of easements, and each one determines how difficult or complex concreting over one may be. Measure the concrete slabs width. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. Likely you can find documents relating to your property, including easements. Make these areas to avoid any interference. 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. The most important thing you need to consider before allowing a utility easement on your property is how it will affect your home. You won't be able to sneak it on and hope they don't notice though. The party abandoning the easement must be resolved in his intentto abandon the easement. 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. If you never intend to split the lot, then you only need a driveway easement from your home to the street. Even if a sidewalk isn't physically in place, you may still have a sidewalk easement in place on paper. Youre able to build a home on the lot, put in pools, build decks, and lay concrete over the land. When building sidewalks, for example, youre likely working near the road where utility lines tend to be buried. 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. However, an owner can make minor changes to the easement if they don't cause a material change. You should also investigate whether the environmental planning instrument contains a provision suspending the easement. Trees and other major vegetation should not be planted on easements. 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. Any insurance company capable of handling commercial accounts can help you. An easement grants certain people or entities a legal right to use someone else's land for a specific purpose. While communication with the company is unlikely to go smoothly, its an important step to know where you stand. You can concrete over a sidewalk easement that doesnt have a sidewalk installed on it yet. A sidewalk easement is a part of the lot thats reserved for the installation of a sidewalk. Cable TV lines, on the other hand, tend to be buried higher up. 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. The layer of wet concrete doesn't need to be thick. Pouring the concrete that deep may bring it too close to utility lines. The deed will state that the two parties can share the driveway to a certain point. The person or entity who is allowed to do this is called the dominant estate; you are the servient estate. Be careful not to pull, nick, or break any underground utility lines. 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. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. Then, you need to figure out what is and isn't permissible on his and your side. They can also give you tips to make the job easier. Your email address will not be published. The most common type of property easement is a utility easement. Copper Corrosion in Concrete A: Copper wont corrode in concrete, according to petrographer Bernie Erlin unless there are soluble chlorides present. A typical scenario: you have a deep lot that you subdivide into two (front and back). A concrete patio, for example, shouldnt be a problem with a view easement. 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. In that case, there's a good chance of a utility easement on your property. They may use easements for the public good, green spaces, or even view protection. If youre building a shallow concrete slab, you should be able to build it on top of existing lines, as long as you take the proper precautions. That doesn't mean you can't do that at all. 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. 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. Determine its length and width and if it has any depth to it. You can do pretty much anything you want. 90 linear ft. of flashing tape. Concrete Too Wet. 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. [15 Awesome Ideas!]. Just leave that part off your permit application and have your contractor install it anyways. 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. Lets Hear it From the Experts, Lawn Chinch Bug Infestation: Damage Control 101. So, if you want to expand your driveway, you should limit the coverage. This is important for homes that have incredible views of forests, beaches, and even city skylines. Your email address will not be published. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. More than likely you won't be able to get permission since companies need a way to access their utilities. If it werent for such arrangements, utility companies would face a difficult time carrying out required repairs and improvements. Alistair Perry. It can often feel like a hazy world no one quite owns anything outright. As a general rule you can't build over an easement. posted 2015-Mar-11, 2:35 pm AEST. You should always ensure the people pass over your land without inconveniencing you/your family. Beyond the ROW, you can do what you want. We wouldnt advise proceeding with additions to your property if youre not clear about the terms of your utility easement. You will want to pour the concrete in sections anyways as a standard practice. 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. Property easements come in many shapes and forms. Yikes! BUT you need to check code for exactly what you have on your site. But, there's some things you have to take into consideration before you make a final decision. A conservation easement may be a greenbelt or park running alongside your property. Consider this information when you plan to concrete over an easement on your lot. Typically, utility easements are designed for specific infrastructures. You may want to create a patio that overlooks the beach, for example. The easement gives them the right to gain access to your property to service the sidewalk. You need to find out what's in it currently and who has rights to place facilities in it in the future. Step 4: Decide if you want your concrete bonded or not. You might be able to execute some sort of encroachment agreement with them if your slab doesn't impede their access too much. You may even decide that you want to concrete the driveway easement to create your driveway. In NSW you can't build over a sewer main. A view easement is a type of easement that prohibits homeowners from building more stories or planting large trees. This can lead to greater expenses when finding and servicing the system. Theres the dominant estate and the subsidiary estate. You should be able to form concrete into a four-inch diameter, four-inch tall pile if it's mixed properly. You can bulldoze an above-ground pool with ease. Sixty 3/16" x 3-1/4" concrete screws. a. the water authority finds out about your concreting, and. The easement can restrict your development. An easement or absence can make or break the sale of the property. Speaking with them can help you become aware of where the easements are and who owns them. One of the first steps to take is to understand where the easement is on your property. Every home needs utilities like sewer, water, and even internet service. One of the property owners has given permission to a third party to fish the pond. Workers regularly access this manhole, working around the plantings. Can you pour concrete over a propane line? These markings are color-coded to indicate the specific utility. 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. If you are pouring a sidewalk or some kind of slab that can get pulled up then also probably ok. She was previously a fact-checker for Appen and was a B2B writer and content marketer for Wordpress. Did you already call 811 to have the utilities marked? Understanding what easements are and why you dont actually own all your property is important if you can build over easements. b. there is a fault in the sewer upstream from your concrete, they will try and blame/charge you for the cost of the fault. Let's say an easement burdens your property. [And What Other Products To Use], How To Install A Wyze Lock [Step By Step Guide], How To Keep Paint From Peeling Off Cabinets, What Curtains Go With Blue Walls? Get Ready For Summer With The Right Ac Company. Sidewalks help to keep pedestrians safe on their walks. If the wires are in conduit you are probably ok. Press down hard on the concrete to work the liquid mix into any cracks as you smooth out the scratch coat layer. An easement gives a person or organization a legal right to use someone else's landbut only for a needed purpose. 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. 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. The typical width for a utility easement (sewer and water lines) is 20 feet, but the distance depends on the installed service type. You should be clear on who (and which companies) are permitted to access your property and for what reason. The court also argued that Doe v Cogente was wrongly decided. The court declared that the landowners were entitled to construct the roof above the easement. This event can result from a change in the: location of the service line, the construction of a new facility, or the relocation of an existing facility. You must file your appeal with the Development Services Department within 30 days of our decision Resources Apply for Pre-Submittal Conference Apply for Site Intake Get Help Department Development Services - Site & Sub Email SitePlanAdminTasks@HCFLGov.net Phone (813) 272-5600 Get Started Apply Concrete destroys greenery like grass, trees, and other plants. All properties, except for rare circumstances, have an easement of some type. 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. If youre making a vertical structure made out of concrete, however, then you may face some problems. For example, you may need to use a permeable patio material to minimize stormwater . Look at what the easement is for and whether you can negotiate to change its location. Anything, from a house addition down to fences, shrubs, and children's playsets might need to be removed in this event. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. Check out what you need to know about pouring concrete over concrete, including crucial steps, tips, the appropriate thickness for concrete on concrete overlay. A property easement grants someone else the limited right to use your land for a specific purpose. We use cookies to give you the best possible experience on our website. Can you pour concrete over a utility easement? Further, suppose you're aware that there has always been either a utility cable or pipe running through your parents' property. Retired contractor. Working around buried structures is a lot of fun. However, the other estate, the dominant estate, owns certain sections of your land. Measure the concrete slabs width. An easement or right-of-way cannot be crossed by a deck. If its a patio, then add some outdoor furniture or a fire pit. The creation of a driveway easement is through a deed. How deep does a gas line need to be buried in California? When youve decided that you want to press ahead with an addition to your home, you should contact the utility company directly to address the planned work. 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. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). Personally, I would not think about the easement for anything permanent. As that estate, you own most of the property of the lot that you purchased. A person listed may not be admitted as a lawyer in all States and Territories. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. You need to determine who owns the easement and ask them about concreting over it. I am an entrepreneur, marketing consultant, author and speaker. Another type of easement is a driveway easement. 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. 2. Can a lot owner pour a concrete footer in a PUE easement? But the truth is, the easements associated with the property can be a major factor in the home's value. If so, prime your existing layer. You can pour the concrete above the lines over the ground, but you are liable if you dig and damage the lines. To find out information about utility easements that deal with underground lines, you can call 811 directly in the United States. For example, a common easement is one that a utility company has for placing cables, pipes, or other equipment under or over the property to allow property owners to use their utilities. Normally an easement will not prevent you from building over or under it. If it is a recorded easement (like if it also serves the neighbors), the overbuilding restrictions will be spelled out.