If they ever need to access your utility lines, then theyll need to remove the concrete. An easement is the legal right for someone to access and control land belonging to somebody else. The short answer is yes. The gas pipe should be factory coated (yellow) with no joins or fittings underground; keeping it in a duct would be convenient, but gas pipes can also be buried in concrete. On each side of the concrete slab, dig a small trench. Finally, you should speak with your neighbors. Utility companies with easement rights can also tear . What is a maintenance easement? 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. Building an above-ground pool on it is a better option than an in-ground pool. I have a 14 foot utility easement in the back of my lot that I am about to close on. Sidewalks help to keep pedestrians safe on their walks. Does this mean you are prohibited from building under or over it? The court also argued that Doe v Cogente was wrongly decided. They can also give you tips to make the job easier. 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. Typically, you can find the deed for your property in one of the following locations: If you can, acquire a copy of the property deed and read the terms of the utility easement thoroughly. This is probably the easiest concrete mistake to make because properly mixed concrete looks too dry to flow and trowel properly. Yes, you can build on a property easement, even a utility easement. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). Therein lays the core issue. As a homeowner, you are the subsidiary estate. Your contractor will have to do a one-call so the operator will find out. 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. Can a lot owner pour a concrete footer in a PUE easement? A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence. If you want to concrete over this easement, then you should first contact your local utility company. You will almost certainly not be able to build a home over the line if a landline phone, electricity, gas, or water crosses your property. Please log in again. If theres a problem with your utility lines or pipes, then the company will need to destroy the pool to access them. Further, suppose you're aware that there has always been either a utility cable or pipe running through your parents' property. If you call them and they say no, going ahead with your plan is not your best idea. Measure the concrete slabs width. In such cases, the utility company has no choice but to abandon the easement. Lead solder can break down when copper pipes are joined together, causing leaks around seams, joints, and fittings. It keeps you from telling people to leave if theyre using the public beach area. Chances are you will get nowhere and will be left with 7' missing from your court. Whenever the utility company cannot continue to serve the easement area due to a change in its operations, it can no longer provide service to its customers. 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? There are only limited exclusions. They may even have a private easement on your property that they established with the previous owner. Companies that offer underground utilities construction services have the knowledge and experience to safely and successfully complete concrete construction projects, including pouring concrete over utility lines. But if you are pouring a big slab or building on top it w. [15 Awesome Ideas!]. Check your deed or plot plan, or call the utility. The buyer builds a house on the backlot. A utility company may have an easement on your property to access an electrical pole. You can concrete over an easement if youre building a pool. 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. 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. Unfortunately, just because copper is resistant to corrosion doesnt mean it cant corrode, particularly if its installed underground or in concrete slabs. While hiring an attorney is far from ideal, its your safest bet when dealing with a utility easement. In that case, there's a good chance of a utility easement on your property. Here are 15 ways you can improve your home's curb appeal right at the curb: 1. Thats acceptable as long as the patio doesnt cut off traffic to the beach. Spread the liquid mix over the existing concrete. Several homeowners along Beechnut had experience with this a few years ago. An easement is the right to use a portion of a piece of property without actually owning it. The most common type of property easement is a utility easement. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. Once the concrete is in place, youre able to finish the project. Follow the instructions on the label or hire a professional to ensure the concrete cures the correct way. If you have an easement on your property it will be clearly marked on the certificate of title. Think of it as trespassing on the utility property. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. 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. Copyright 2023 Home Improvement Cents, all rights reserved. This should not be relied on as specific advice. Purcell, Lindsey. {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}, Utility Easement: Heres Everything You Need To Know, Retired contractor. Adding a strip of concrete adjacent to the blacktop will add paved area. Easement affects the size of your lot, making it smaller. For anything else, then you may only need 10 feet. These easements are typically granted to maintain existing infrastructure or install new infrastructure. Wouldn't that be the servant's responsibility to pay the additional cost? Select a pipe with enough diameter for the desired excavation width to run electrical wire under concrete. No. Select a pipe with enough diameter for the desired excavation width to run electrical wire under concrete. You can contact the utility company to determine the location of the easement. The most important thing you need to consider before allowing a utility easement on your property is how it will affect your home. The intent to abandon may be expressed or implied, but it must be proven by clear, unequivocal, and convincing evidence. The utility company may pay it if youre lucky, but youre likely going to have to carry the bill. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. 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. Does - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. A concrete patio, for example, shouldnt be a problem with a view easement. Is There a Thing Such as St. Augustine Grass Seed? Utility easements typically allow for sewage, telephone lines, Internet, and various other essential aspects of our daily lives to be maintained. Before beginning any construction project, dial 811 to schedule an appointment with your local utility locator service. Pour over your new concrete to the desired thickness and level the surface with a trowel. If you are pouring a sidewalk or some kind of slab that can get pulled up then also probably ok. Your plans will also need to be created and approved. You will want to pour the concrete in sections anyways as a standard practice. Abandonment cannot be established by proof of non-use alone, but it may be inferred. You can pour concrete over concrete. It's a general utility easement. A pond is situated on property owned by two different property owners. 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 . Concreting over an existing sidewalk can be problematic. Steps to Building an In-Ground Swimming Pool. Re: Utility easement: Does the servient property owner have the right to pour concrete over our water easement? There are preparations that you need to do, such as digging and having the site surveyed. In beating, the goal, Coin or banknote: Quantity: dollars half-dollars quarters dimes nickels pennies cents dollars half-dollars quarters dimes nickels pennies cents 4 dollars equals: 4 dollars equals 16, As a result, wet and dry sand volumes would not be the same; wet sand volumes would be higher because it has more mass, as, Thats about 360375 hours, so itll take you over two weeks if you dont stop for anything. With your sledge hammer, tap the other end of the PVC pipe. Check the survey, many times it's an aerial 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. The creation of a driveway easement is through a deed. For example, you may need to use a permeable patio material to minimize stormwater . There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk. How you determine that, could be the most important part to answering that question. You might need to dig a foundation up to 24 inches deep before pouring concrete. And if not, install a piece of material to break the bond, like tar paper or sand. Its a good idea to receive written permission from them to concrete over the easement. Bermuda Grass Killer: What Kills Bermuda on Your Lawn? For example, a property owner with a utility easement across her yard may plant a tree or build a fence around it. Normally an easement will not prevent you from building over or under it. If you cannot find your title documents, c heck with the county clerk. 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. Another type of easement is a driveway easement. Best to talk to them ahead of time. 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. It may make some pedestrians think that they can walk on the concrete. The first is to determine whether your home has utilities or not. If you damage a natural gas pipeline, for instance, you are endangering both your own safety and the safety of others. In most cases, its going to be your local utility company or your county. If youre planning to do concrete work, you may need a building permit before you begin the job. Theres the dominant estate and the subsidiary estate. Reply elastic 21/07/2009 If so, prime your existing layer. Let's say an easement burdens your property. Forgiveness, not permission. 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. If you cannot find your title documents, check your county website's tax assessor section. A neighbor with easement rights to access part of a yard can rightfully demand a dividing fence be removed. 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. Most of the time, the problem may result from a misunderstanding. In other words, the owner cannot make significant changes affecting the easements purpose. Easements usually lie there quietly, not affecting you for years or decades. For example, if there is an access way through your property, you probably will be able to put a sewer under it or a structure over it. The dominant estate owning the easement may need to access the easement. Understanding what easements are and why you dont actually own all your property is important if you can build over easements. 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. Again, some pedestrians may mistake it for a sidewalk and use it. If the wires are in conduit you are probably ok. Property Easements That May Affect You The most common easements in residential areas are: Utility Easements (Below Ground) Storm drains, sanitary sewer mains, or natural gas lines frequently run through and under private property. The property owner with a utility easement is entitled to the same use of the easement as the utility company is entitled to use. You build your own house on the front lot and sell the back lot. There are a few ways you can determine if you have a property easement and its location on your property. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. Can you pour concrete over a propane line? Its there in the event that you ever decide to have a sidewalk installed on your lot. 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. 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. View easements are less common, but becoming more common as communities become aware of the monetary value of sightlines. How the dominant estate uses the easement depends on the type that it is. Exact quantities depend on the shape of your patio and the layout of the decking. 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. . With your sledge hammer, tap the other end of the PVC pipe. An example of a permissively blocked easement is a power line that runs through your field. July 3, 1996. Even if your home doesnt have a sidewalk, you may still have one attached to your property. An easement grants certain people or entities a legal right to use someone else's land for a specific purpose. 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. To a point. We regularly help developers deal with this difficult issue. It also means youll have to concrete over the area again when theyre done. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 ALL RIGHTS RESERVED HomeMindset.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon website (amazon.com amazon.in etc) and any other website that may be affiliated with Amazon Service LLC Associates Program. - Answered by a verified Real Estate Lawyer. 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. Cable TV lines, on the other hand, tend to be buried higher up. 1 The person or entity who is allowed to do this is called the dominant estate; you are the servient estate . You may even decide that you want to concrete the driveway easement to create your driveway. Dump it all out onto the existing concrete, then begin spreading it around using a hand trowel or paver. Check out this book about easements on Amazon. Common terms and situations involving easements, Obtaining an easement over the land of an uncooperative neighbour under section 88K, Unsuccessful attempt to restore an easement which had been removed from the Register. I want to pour a standard run-of-the-mill foot path from my front door down to the street. Things will get very expensive for you very quickly if you restrict access that has been stipulated in a utility easement. You should be clear on who (and which companies) are permitted to access your property and for what reason. Let's dive right in! Can you pour concrete over a utility easement? you are taking a risk that. 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. 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. They establish green areas to help soak up the carbon dioxide in the region. This will give you an idea of the type of additions that are likely to be restricted. masonry drill bits (minimum drilling depth of 3-1/2 in.) You can do pretty much anything you want. 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. If the lines weren't deep enough or not in conduit that is the electric companies fault and you aren't responsible. When it comes to concreting over a view easement, you still can do it as long as the project isnt vertical. Can you also concrete over gas pipes? Because sidewalks fall under the regulation of local counties, you should consult with your county beforehand. Made it to the end? Answer (1 of 4): Yes . The side setback is usually 5 feet minimum (on each side) for most regular neighborhoods. The easement ensures that youre unable to block their access to the public beach. If you want to build a concrete patio on the location of the sidewalk easement, then you may choose to pour concrete along the edge of the patio. An easement or right-of-way cannot be crossed by a deck. The login page will open in a new tab. Cleaning concrete on a regular basis will help to remove dirt and grime that could wear down the surface of your concrete. If your home has sewer, water, internet, or electricity, then you have utilities. Flatten the area where you want to pour the concrete. Most concrete jobs involve digging. The complexity also depends on the type of easement that you want to build the pool on and concrete over. 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. They may have special rules attached to concreting over existing sidewalks. Retired contractor. Pouring the concrete that deep may bring it too close to utility lines. The documents received back from the title company will have your warranty deed and attachments. We wouldnt advise proceeding with additions to your property if youre not clear about the terms of your utility easement. But, there's some things you have to take into consideration before you make a final decision. Typically this could be a access way or an easement for drainage. Apr 9, 2010. A view easement is a type of easement that prohibits homeowners from building more stories or planting large trees. These markings are color-coded to indicate the specific utility. 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. If the Area Engineer needs assistance before granting access to a Utility, they should call the District Traffic Operations Engineer. Agree to read and understand the easement but your situation will be generally unique to the properties of that easement. Press J to jump to the feed. 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. Concreting over this easement is possible. Building permit requirements vary depending on location, so its essential to consult the building permit laws relevant to the location of the construction site. 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. Typically, utility easements are designed for specific infrastructures. I agree that it's probably best to avoid this. 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. 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. Read our. Marking services should be done at no charge. This is important for homes that have incredible views of forests, beaches, and even city skylines. Back to top. September 7, 2006 - 1:35 am. They give the renting family of the second lot ownership of the driveway easement that links their home to the primary driveway and street. You might need to dig a foundation up to 24 inches deep before pouring concrete. 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. However, an owner can make minor changes to the easement if they don't cause a material change. If it does, then youll need to remove it once the county becomes aware of the situation. 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. This easement allows people to gather on the edge of your property if the area is public. But how do you find out whats permitted? You need to determine who owns the easement and ask them about concreting over it. (10 Reasons). Press question mark to learn the rest of the keyboard shortcuts. One of the first steps to take is to understand where the easement is on your property. If you're building a structure, however, then it . See it in actionand get pro tips on the correct way to use it in this video . My objective was to create a new lev. An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. Well help you understand what a property easement is and if you can concrete over it. Copyright 2016 -2022 Froggy And The Mouse. 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. 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. Purdue University Extension Forestry and Natural Resources, 2015. However, the other estate, the dominant estate, owns certain sections of your land. Different requirements will apply to covered decks. BUT you need to check code for exactly what you have on your site. If theres a risk of tearing the project down later, then theyll also warn you about the consequences. Do I need to get approval for this sort of thing? Your email address will not be published. You need to know that your neighbors may be concerned about noise and the safety of their kids. The first is by abandonment, and the second is by the end of necessity. We are passionate about home decor, design, and all things home related. You can plant or erect something on the edge of the easement to block your view of them, however. Step 2. 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