For example, a property owner with a utility easement across her yard may plant a tree or build a fence around it. Some activities are allowed, while others are not. More than likely you won't be able to get permission since companies need a way to access their utilities. Check out what you need to know about pouring concrete over concrete, including crucial steps, tips, the appropriate thickness for concrete on concrete overlay. By reviewing the property deed and seeking legal representation, you are putting yourself in the best position when it comes to finding out if your planned additions are permitted under the terms of your utility easement. However, if it enters the green area, then the county may ask you to remove it. Once you have your permission, you can start preparing the land. We wouldnt advise proceeding with additions to your property if youre not clear about the terms of your utility easement. Easement affects the size of your lot, making it smaller. How I poured a concrete slab over an existing concrete porch slab. Anything, from a house addition down to fences, shrubs, and children's playsets might need to be removed in this event. masonry drill bits (minimum drilling depth of 3-1/2 in.) Driveway easements generally mean that the driveway is going to be used twice as much as a normal residential driveway. The utility company may pay it if youre lucky, but youre likely going to have to carry the bill. An easement or right-of-way cannot be crossed by a deck. The court also argued that Doe v Cogente was wrongly decided. Press question mark to learn the rest of the keyboard shortcuts. Many homeowners choose to have one installed as a service to their community. Another type of easement is a driveway easement. You might need to dig a foundation up to 24 inches deep before pouring concrete. - Answered by a verified Real Estate Lawyer. If it does, then youll need to remove it once the county becomes aware of the situation. Wouldn't that be the servant's responsibility to pay the additional cost? 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. It's you're property but it's their easement. So, as long as you don't obstruct it severely, you should be fine to pour your concrete. Youll also need to tear the concrete down if you ever decide to install a sidewalk on your property. There are preparations that you need to do, such as digging and having the site surveyed. Marking services should be done at no charge. The deed will state that the two parties can share the driveway to a certain point. It gives them the right to dig up your property in that area to service and maintain their pipes and lines. Still, its a risk to concrete over a utility easement. Home; About; Contact; can you pour concrete over a utility easement Building over septic tanks It is never recommended to build a structure over any portion of your septic system. You can use an alternative route if you're not trespassing on someone else's property. Can you also concrete over gas pipes? etc. The terms of the easement are paramount in most cases. It can often feel like a hazy world no one quite owns anything outright. what is the utility? If the services are already in this would be costly. Beyond the ROW, you can do what you want. You need to find out what's in it currently and who has rights to place facilities in it in the future. A conservation easement may be a greenbelt or park running alongside your property. They establish green areas to help soak up the carbon dioxide in the region. But if you are pouring a big slab or building on top it w. Best to talk to them ahead of time. You can bulldoze an above-ground pool with ease. Your email address will not be published. Youre able to build a home on the lot, put in pools, build decks, and lay concrete over the land. Simply mix, trowel, and smooth Vinyl Patcher over the damaged areas to create a new level surface and clean edges. Made it to the end? For instance, if a sewer or water company requires access to pipes in your backyard, youre probably not going to be able to install a swimming pool in that area. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. Currently residing in Southwest Florida. Olanike "Nike" Orisamolu is a fact-checker and digital marketing expert with experience in communications, writing, editing, and content marketing. Despite the fact that it rarely happens, keep in mind that if they need to work on the services, they have the right to remove anything built over the easement. The council contended that the roof would prevent it from using a particular Hitachi excavator if there was an emergency fault in the pipes. Just leave that part off your permit application and have your contractor install it anyways. Again, some pedestrians may mistake it for a sidewalk and use it. Fences regularly get built along or across easements. It may be needed for the flow of storm water. 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. 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. So, when designing your pool, you need to factor in these elements. If it is a recorded easement (like if it also serves the neighbors), the overbuilding restrictions will be spelled out. If you have an easement on your property it will be clearly marked on the certificate of title. Suppose you plan to pour some concrete to expand your driveway, but there's a utility easement on the land. An easement gives someone the right to use a section of land for a specific purpose even though they are not the owner of that land. September 7, 2006 - 1:35 am. posted 2015-Mar-11, 2:35 pm AEST. The last thing I'd feel like dealing with is a possible rupture during or after the install of the new driveway. The typical width for a utility easement (sewer and water lines) is 20 feet, but the distance depends on the installed service type. A concrete patio, for example, shouldnt be a problem with a view easement. 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. Understanding what easements are and why you dont actually own all your property is important if you can build over easements. You probably won't need a permit (with emphasis on the word " probably ") for a wall or fence measuring 2.5-6 feet max, once again depending on where you live. However, we're not supposed to build something that will bother our neighbors. If you cannot find your title documents, check your county website's tax assessor section. Abandonment usually happens when there is an end of necessity of a utility easement. Purdue University Extension Forestry and Natural Resources, 2015. Alistair Perry. This is an area that takes up the least amount of space on the lot and provides an efficient path to the nearby street. Utility easements typically allow for sewage, telephone lines, Internet, and various other essential aspects of our daily lives to be maintained. Lee has over two decades of hands-on experience remodeling, fixing, and improving homes, and has been providing home improvement advice for over 13 years. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). 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. These areas are placed explicitly for these materials. Your email address will not be published. This is video #3 of my porch to room addition series. Consider this information when you plan to concrete over an easement on your lot. It keeps you from telling people to leave if theyre using the public beach area. How deep does a gas line need to be buried in California? Its a good idea to receive written permission from them to concrete over the easement. Building over utility lines is a common occurrence. This is particularly frustrating if youre keen to undertake a home improvement project, as you might find that youre not permitted to do so. Any insurance company capable of handling commercial accounts can help you. On each side of the concrete slab, dig a small trench. 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. These markings are color-coded to indicate the specific utility. In NSW you can't build over a sewer main. Determine its length and width and if it has any depth to it. (10 Reasons), Why Are Ring Doorbells So Expensive? Its possible to concrete over an easement. An easement is the legal right for someone to access and control land belonging to somebody else. 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. Some years ago my neighbour concreted over his sewer grate and when the house down the street was . If you have a power company easement on your property, the seller should have disclosed it when you bought the house. You can concrete over an easement if youre building a pool. That means no fences, sheds, walls, trails or buildings. All in all, it may be best to remove the asphalt drive and start the concrete project from scratch. A right of way is the easement over your land to facilitate the passage of people or other vehicles. Generally not, because if the work is not materially interfering with the easement, you can build underneath or over it. Generally, you cannot make any improvements in a drainage easement. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). ; Drainage or water conservation laws may dictate certain design parameters. Ask them to verify how deep the lines are buried. This easement allows people to gather on the edge of your property if the area is public. In that case, there's a good chance of a utility easement on your property. That means theyre allowed to drive their cars down that section of the driveway, but theyre not allowed to drive it down the part of the driveway that the primary owner uses. On each side of the concrete slab, dig a small trench. 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 most common type of easement falls under the category of a utility easement. The documents received back from the title company will have your warranty deed and attachments. If they ever need to come on your property to do work they can remove whatever structure is in their easement if required and not have to replace it. you are taking a risk that. Heres our guide to finding out more about your utility easement: The details of a utility easement will be clearly stipulated on the property deed. They may have special rules attached to concreting over existing sidewalks. Not necessarily a terrible idea, but it does involve risk. Required fields are marked *. 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. Typically, utility easements are designed for specific infrastructures. One thing they hold in common, though, is the property must be landlocked without the implied 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. Utility easements should be as wide as possible to accommodate pipes, cables, or power lines routed through them. If they ever need to access your utility lines, then theyll need to remove the concrete. The good news is that many concrete installations at or just above grade level will not need a permit. Walkers and joggers will love passing your home if you plant shrub roses, lavender or other easy-care options near the curb to add color and fragrance to your front yard. Yes, you can concrete over an easement. Plant a fragrance garden. That edge may turn into a sidewalk later. A $50.00 re-inspection fee may be charged if work . 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. 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. Before beginning any construction project, dial 811 to schedule an appointment with your local utility locator service. A neighbor blocking access to your property is a pain in the behind. It's best to talk with them about what you plan to do and get their approval before proceeding as an act of courtesy. Pipes with enclosures, Beating is a more difficult process than mixing, and it traditionally necessitates the use of a whisk or an electric mixer. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); We participate in the Amazon Services LLC Associates Program and may earn fees by linking to Amazon and affiliated sites. You may not even be aware that you have an easement. If you want to concrete over this easement, then you should first contact your local utility company. If theres a risk of tearing the project down later, then theyll also warn you about the consequences. The good news is that utility companies rarely need to access their easement unless something is wrong with their pipes or lines. Your email address will not be published. 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. Is the existing concrete structurally sound? Can a Surveyor Trespass on Your Property? The Spruce uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. However, if there's any damage to the existing concrete, these problems can carry over into the new concrete. 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.
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