You may wonder if youre able to concrete over a sidewalk easement. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. Lorman Education Services. There are utility easements that allow sewer and gas lines. If youre planning to do concrete work, you may need a building permit before you begin the job. 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. Building over septic tanks It is never recommended to build a structure over any portion of your septic system. 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. Let's say an easement burdens your property. 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. Cable TV lines, on the other hand, tend to be buried higher up. They may use easements for the public good, green spaces, or even view protection. Registered. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). Some types of easements: Storm drains, sanitary sewer mains, or natural gas lines frequently run through and under private property. Because of this, it needs to be strong, durable, and built to last. You might need to dig a foundation up to 24 inches deep before pouring concrete. A view easement might give your neighbor the right to enjoy a view of the coastline without you blocking the view by building your house up, planting trees, or adding other obstructions. In-ground pools are more problematic, not only because they cannot easily be removed but because they may interfere with in-ground easements. Purdue University Extension Forestry and Natural Resources, 2015. State laws generally require you to call 811 before you begin digging in a utility easement, right of way, or public property, giving the utility company time to mark the location of underground lines before you start excavating. After the construction is over, the utility company can install their pipes and lines in the property easement they own. If theres a problem with your utility lines or pipes, then the company will need to destroy the pool to access them. The login page will open in a new tab. They'll just (legally) tear up anything you've put down in the easement. It's a general utility easement. Most concrete jobs involve digging. 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. This is a relatively new easement that is gaining traction as more homeowners come to care about their views. 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. If you begin construction before finding out where these lines are located, and you accidentally hit and damage one of them, you can interrupt essential services for an entire neighbourhood. 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. Just hope and pray that the City or any of the utility companies never need to dig in the easement. Electrical power lines or telephone lines also run over private property. Most concrete jobs involve digging. The only issue with sizing is whether the conduit extends at least 2 beyond the slab and can be tightly sealed. An example would be a road that runs through the middle of two parcels of land. You can build a fence ALONG an easement, but you can't block access to the easement with a fence without the permission of the other owner. 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. Most of the time, the problem may result from a misunderstanding. This is commentary published by Colin Biggers & Paisley for general information purposes only. 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. If a neighbor blocks their view, then it may impact their rental business. A pond is situated on property owned by two different property owners. How deep is a gas line buried in Ontario? Its there in the event that you ever decide to have a sidewalk installed on your lot. 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. This is video #3 of my porch to room addition series. Understanding what easements are and why you don't actually own all your property is important if you can build over easements. After logging in you can close it and return to this page. Its important to take the proper precautions and plan carefully before you begin construction. You won't be able to sneak it on and hope they don't notice though. To gain access to that backlot, the buyer should have a driveway easement. In Ex Parte Purcell (1982) 47 P & CR 433, the owners of land burdened by a watermain easement in favour of the local council sought a declaration from the court that they were entitled to construct a roof at a height of 6.5 metres above the easement. This isnt ideal if you want to plant vegetation, trees, and other plants in and around your home. I like the cut of your jib. The easement ensures that youre unable to block their access to the public beach. It is the electric companys fault if the lines werent deep enough or were not in conduit, and you arent to blame. My objective was to create a new lev. Yes, you can pour concrete over buried power lines, but you should seek professional assistance if you decide to do it. Be careful not to pull, nick, or break any underground utility lines. As its name might suggest, its part of your lot thats reserved for the construction of a driveway. Have the bonding agency or insurance company complete the form and seal it. This can check your bases and ensure you dont need to tear down the project later. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. But, there's some things you have to take into consideration before you make a final decision. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. To find out information about utility easements that deal with underground lines, you can call 811 directly in the United States. Flatten the area where you want to pour the concrete. 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 . By Tweetylove in forum Real Estate Ownership and Title, By ichrisi in forum Real Estate Ownership and Title, By facilities in forum Real Estate Ownership and Title, By Toller in forum Real Estate Ownership and Title, By faylen in forum Real Estate Ownership and Title, Neighbor is Wilfully Building On Our Property, Does an Easement Protect a Portion of My Building Built Before the Easement, Building A Home, Neighbor Wants More Money, If this is your first visit please consider. Once you have your permission, you can start preparing the land. You will probably have to pay for access to the deed, and you can usually apply for a certified copy for future reference. Cable, internet and electrical are often underground these days. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. Generally, you cannot make any improvements in a drainage easement. The good news is that utility companies rarely need to access their easement unless something is wrong with their pipes or lines. 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. and you will be subject to any of them. BUT you need to check code for exactly what you have on your site. The most important thing you need to consider before allowing a utility easement on your property is how it will affect your home. Before beginning any construction project, dial 811 to schedule an appointment with your local utility locator service. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. Most homeowners should already know that their property contains an easement as it is right there in the title documents when you buy the house. Dump it all out onto the existing concrete, then begin spreading it around using a hand trowel or paver. Copyright 2023 Home Improvement Cents, all rights reserved. If the lines weren't deep enough or not in conduit that is the electric companies fault and you aren't responsible. But the truth is, the easements associated with the property can be a major factor in the home's value. 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. Then, you need to figure out what is and isn't permissible on his and your side. If theres a risk of tearing the project down later, then theyll also warn you about the consequences. 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. Utility easements should be as wide as possible to accommodate pipes, cables, or power lines routed through them. Here are 15 ways you can improve your home's curb appeal right at the curb: 1. If youre making a vertical structure made out of concrete, however, then you may face some problems. It's best to talk with them about what you plan to do and get their approval before proceeding as an act of courtesy. One thing they hold in common, though, is the property must be landlocked without the implied easement. Its going to be where they buried the pipes and lines. 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 you share a beach with them, then they likely have similar property easements as you. what is the utility? We wouldnt advise proceeding with additions to your property if youre not clear about the terms of your utility easement. 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. Exact quantities depend on the shape of your patio and the layout of the decking. You do own your property. Your email address will not be published. The third party has taken liberty to fish the entire body of water without permission of the second owner. You can go to the county records officeand check the records to find out if any easements are registered on the property. 15 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. In other words, the owner cannot make significant changes affecting the easements purpose. You can concrete over a sidewalk easement that doesnt have a sidewalk installed on it yet. An easement gives a person or organization a legal right to use someone else's landbut only for a needed purpose. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. Its a good idea to receive written permission from them to concrete over the easement. Simply mix, trowel, and smooth Vinyl Patcher over the damaged areas to create a new level surface and clean edges. There are a few steps you should follow to concrete over an easement. 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. The good news is that many concrete installations at or just above grade level will not need a permit. The documents received back from the title company will have your warranty deed and attachments. Utility Easements (Above Ground) How deep is a gas line buried in Ontario? An easement or right-of-way cannot be crossed by a deck. As that estate, you own most of the property of the lot that you purchased. Copyright 2016 -2022 Froggy And The Mouse. You still have the right to use the surface of the easement. 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. I agree that it's probably best to avoid this. Your email address will not be published. (10 Reasons), Why Are Lawnmowers So Expensive? If it werent for such arrangements, utility companies would face a difficult time carrying out required repairs and improvements. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. Can you pour concrete over a utility easement? Servient Estate. It's you're property but it's their easement. There are several different types of easements. Yes, you can build on a property easement, even a utility easement. 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). The goal is to prevent the blockage of their view. Chances are you will get nowhere and will be left with 7' missing from your court. An easement is the legal right for someone to access and control land belonging to somebody else. She was previously a fact-checker for Appen and was a B2B writer and content marketer for Wordpress. It is common for property owners to be unaware of easements and how they affect their property. The intent to abandon may be expressed or implied, but it must be proven by clear, unequivocal, and convincing evidence. You will then be subject to expensive fines and repair costs. Its something you may be able to get away with if the concrete resides solely on your property. Marking services should be done at no charge. Nothing elaborate. These easements (and others) are part of this strange world where the public, government agencies, and utility companies have access to your property, yet you still own the property. If possible, try to build around any underground utility lines. Removsble platform would be the best option. The company must make reasonable efforts to notify the owner of its intention to abandon the easement. Before you proceed, you need to call 811 and check if any permits are required. With your sledge hammer, tap the other end of the PVC pipe. However, we're not supposed to build something that will bother our neighbors. Whenever you dig, you run the risk of encountering unseen utility lines buried underground. Press down hard on the concrete to work the liquid mix into any cracks as you smooth out the scratch coat layer. Work must be completed properly at the time of inspection. If the Area Engineer needs assistance before granting access to a Utility, they should call the District Traffic Operations Engineer. 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. Made it to the end? There are preparations that you need to do, such as digging and having the site surveyed. An attorney will take the guesswork out of understanding the easement and will ensure you 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. Its possible to concrete over an easement. Taking the proper precautions before you begin will reduce your risk of encountering costly and dangerous issues during construction. 90 linear ft. of flashing tape. In NSW you can't build over a sewer main. If you have an easement on your property it will be clearly marked on the certificate of title. 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. You need to find out what's in it currently and who has rights to place facilities in it in the future. Post Count: 618. Thats who likely owns your sidewalk easement, but it might also be a third party. I understand I am not supposed to build on it, but curious if others have done this before. Well help you understand what a property easement is and if you can concrete over it. The first is by abandonment, and the second is by the end of necessity. Press question mark to learn the rest of the keyboard shortcuts. Worked in the home building industry for over 30 years. Bermuda Grass Killer: What Kills Bermuda on Your Lawn? . How Much Does It Cost to Build a Barndominium? Your contractor will have to do a one-call so the operator will find out. Speaking with your local county, utility company, and neighbors can help you determine the location of the easements on your property. Make these areas to avoid any interference. 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. {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}, Utility Easement: Heres Everything You Need To Know, Retired contractor. 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. The allowed use varies from easement to easement, but in most cases, the landowner is not allowed to interfere with that use. If you want to concrete over this easement, then you should first contact your local utility company. If they ever need to access your utility lines, then theyll need to remove the concrete. That edge may turn into a sidewalk later. 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. They give the renting family of the second lot ownership of the driveway easement that links their home to the primary driveway and street. 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.