Be careful not to pull, nick, or break any underground utility lines. Speaking with your local county, utility company, and neighbors can help you determine the location of the easements on your property. 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. Trees and Electric Lines. It can often feel like a hazy world no one quite owns anything outright. Back to top. Normally an easement will not prevent you from building over or under it. It keeps you from telling people to leave if theyre using the public beach area. 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. Abandonment of a utility easement is the voluntary relinquishment of its use or possession. Whether there is material interference depends on the scope of the easement and the other particular circumstances. Before concreting or a conservation easement, you should first speak with your county. Finally, you should speak with your neighbors. There may be multiple underground utility lines located at varying depths within a single area. If it werent for such arrangements, utility companies would face a difficult time carrying out required repairs and improvements. The final option available to you is to hire an attorney to look into the utility easement on your behalf. Check your deed or plot plan, or call the utility. She can change the appearance of the easement as long as it doesn't materially affect the utility company's use and access to the easement. To a point. what is the utility? Forgiveness, not permission. Cleaning concrete on a regular basis will help to remove dirt and grime that could wear down the surface of your concrete. Use a concrete bonding agent to spread over the existing slabs to help form a bond between the old and new layer of concrete. you are taking a risk that. The documents received back from the title company will have your warranty deed and attachments. Registered. 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. While hiring an attorney is far from ideal, its your safest bet when dealing with a utility easement. [15 Awesome Ideas!]. Do you need to get permission before pouring the concrete? Even if a sidewalk isn't physically in place, you may still have a sidewalk easement in place on paper. An easement grants certain people or entities a legal right to use someone else's land for a specific purpose. How deep does a gas line need to be buried in California? You do own your property. Regardless, it's best to confront him and talk it over a cup of coffee. Driveway easements generally mean that the driveway is going to be used twice as much as a normal residential driveway. 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. You can pour the concrete over the ground above the lines but if you dig and damage the lines you are liable. Especially after - ugh - how crappy to have to dig up your work! What rights does the second owner have to prevent the third party from fishing on his . 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. Properties that are part of an urban and suburban neighborhood usually have this easement attached to them. Without any additional protection, NM (Romex) can pass through concrete. Lorman Education Services. The good news is that utility companies rarely need to access their easement unless something is wrong with their pipes or lines. The superior quality of resin over alternative driveway . 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. Or if your driveway overlaps your property line, you might rely on an easement on your neighbor's property to get to your garage. Its possible to concrete over an easement. California Land Title Association. If they don't mind you building there, there is nothing to worry about. Do I need to get approval for this sort of thing? 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. A pond is situated on property owned by two different property owners. Never overburden or block access to water, gas, or electricity meters. Because you dont own the easement, its a good idea to make access points to it for those who do own it. Different requirements will apply to covered decks. Your pesky neighbor can put a gate across a right of way as long as it does not substantially interfere with your ability to use the right of way. 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. 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. 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. If so, prime your existing layer. You still have the right to use the surface of the easement. The intent to abandon may be expressed or implied, but it must be proven by clear, unequivocal, and convincing evidence. I agree that it's probably best to avoid this. 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. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. Will Mineral Spirits Remove Polyurethane? 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. Sidewalks help to keep pedestrians safe on their walks. Even general maintenance type provisions might be construed as not allowing a permanent structure. Enjoy writing and spending time with my grandchildren. Easements at a Glance. Yes, you can concrete over an easement. 90 linear ft. of flashing tape. This can lead to greater expenses when finding and servicing the system. How the dominant estate uses the easement depends on the type that it is. The Call Before You Dig service will place flags to mark the locations of buried utility lines. Push the PVC pipes angled end into the trench on one side and into the soil. How High Should A Bed Headboard Be? 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. The deed can also include other regulations like who has the right-of-way if both cars drive up or down the driveway at the same time. If you have an easement on your property it will be clearly marked on the certificate of title. Post Count: 618. You might be able to execute some sort of encroachment agreement with them if your slab doesn't impede their access too much. 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. The easement gives them the right to gain access to your property to service the sidewalk. 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. When building sidewalks, for example, you . They give the renting family of the second lot ownership of the driveway easement that links their home to the primary driveway and street. The real issue arises when he locks the gate you are forced to go over. Currently residing in Southwest Florida. 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. The last thing I'd feel like dealing with is a possible rupture during or after the install of the new driveway. 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. This easement allows people to gather on the edge of your property if the area is public. The first two implied easements mentioned earlier are Yes, you can pour concrete over buried power lines, but you should seek professional assistance if you decide to do it. There are several different types of easements, and each one determines how difficult or complex concreting over one may be. A typical scenario: you have a deep lot that you subdivide into two (front and back). 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. . Ask them to verify how deep the lines are buried. 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. {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}, Utility Easement: Heres Everything You Need To Know, Retired contractor. Does this mean you are prohibited from building under or over it? 1 The person or entity who is allowed to do this is called the dominant estate; you are the servient estate . Easements usually lie there quietly, not affecting you for years or decades. I want to pour a standard run-of-the-mill foot path from my front door down to the street. Check the survey, many times it's an aerial easement. For anything else, then you may only need 10 feet. Some activities are allowed, while others are not. The first thing to do when you receive the property deed is to read through the terms of the utility easement. How you determine that, could be the most important part to answering that question. When it comes to concreting over a view easement, you still can do it as long as the project isnt vertical. etc. You should be clear on who (and which companies) are permitted to access your property and for what reason. The most common type of property easement is a utility easement. Personally, I would not think about the easement for anything permanent. Whenever you dig, you run the risk of encountering unseen utility lines buried underground. In some cases, not only a permit . Likely you can find documents relating to your property, including easements. Lets Hear it From the Experts, Lawn Chinch Bug Infestation: Damage Control 101. Some years ago my neighbour concreted over his sewer grate and when the house down the street was . After logging in you can close it and return to this page. There are preparations that you need to do, such as digging and having the site surveyed. There are only limited exclusions. Then, you need to figure out what is and isn't permissible on his and your side. You can not work in the city ROW without I) a permit, and ii) being lusenced and bonded with the COA. But if you are pouring a big slab or building on top it w. So, when designing your pool, you need to factor in these elements. Seeking a court order imposing the easement if negotiations do not succeed. If you're building a structure, however, then it . The Spruce uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. As a general rule you can't build over an easement. It used to be allowed in certain circumstances, in a special vented conduit, but no longer. These markings are color-coded to indicate the specific utility. 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. If it is a recorded easement (like if it also serves the neighbors), the overbuilding restrictions will be spelled out. However, we're not supposed to build something that will bother our neighbors. These include pipes, underground cables, and electrical lines. Consider this information when you plan to concrete over an easement on your lot. to purchase has an easement running through it. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. If theres a risk of tearing the project down later, then theyll also warn you about the consequences. Concreting over an existing sidewalk can be problematic. Its something you may be able to get away with if the concrete resides solely on your property. A view easement is a type of easement that prohibits homeowners from building more stories or planting large trees. Going too deep can expose the utility lines and pipes. 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. 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. 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. If its an addition to the house, then its time to start building the walls. Any advice would be greatly appreciated. Most of the time, the problem may result from a misunderstanding. 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. It may be needed for the flow of storm water. Step 1: Prepare the Surface To begin, you'll need to properly prepare your existing concrete slab's surface for a fresh application. 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. A "regulatory instrument" is defined to include an "agreement, covenant or instrument" which would generally include an easement. In this case, the primary homeowner who chose to split the lot in two owns the driveway as a whole. This isnt ideal if you want to plant vegetation, trees, and other plants in and around your home. A home's easement affects the property in many ways, including: Generally, easements are not visible, yet they can create legal issues on your property. If theres a problem with your utility lines or pipes, then the company will need to destroy the pool to access them. To protect the view, they may place a view easement on the properties around them. Beyond the ROW, you can do what you want. Chances are you will get nowhere and will be left with 7' missing from your court. If you never intend to split the lot, then you only need a driveway easement from your home to the street.