If thats the case, then you may have some difficulty concreting over it. See it in actionand get pro tips on the correct way to use it in this video . You may not even be aware that you have an easement. 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. Generally not, as you can build under or over it if the work will not have a material interference with the easement. Without any additional protection, NM (Romex) can pass through concrete. This is video #3 of my porch to room addition series. 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. Select a pipe with enough diameter for the desired excavation width to run electrical wire under concrete. Because you dont own the easement, its a good idea to make access points to it for those who do own it. Pipes with enclosures, Beating is a more difficult process than mixing, and it traditionally necessitates the use of a whisk or an electric mixer. One useful resource is the list of Common terms and situations involving easements on the website of the NSW governments office of Land and Property Information. They may have special rules attached to concreting over existing sidewalks. 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. Even general maintenance type provisions might be construed as not allowing a permanent structure. There are a few ways you can determine if you have a property easement and its location on your property. We are passionate about home decor, design, and all things home related. It may be needed for the flow of storm water. The superior quality of resin over alternative driveway . You can contact the utility company to determine the location of the easement. Speaking with them can help you become aware of where the easements are and who owns them. 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. Is the existing concrete structurally sound? Thats acceptable as long as the patio doesnt cut off traffic to the beach. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. Required fields are marked *. Once the plans to build the home are in place, utility companies can choose an area for their utility easement. If you damage a natural gas pipeline, for instance, you are endangering both your own safety and the safety of others. When you apply for the permit they will tell you what allowed and not. Trees and other major vegetation should not be planted on easements. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. A neighbor blocking access to your property is a pain in the behind. The Froggy And The Mouse is a technology and Marketing related blog that picks transforms society and vice versa. They may use easements for the public good, green spaces, or even view protection. This easement allows people to gather on the edge of your property if the area is public. Even if a sidewalk isn't physically in place, you may still have a sidewalk easement in place on paper. 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. I have a 14 foot utility easement in the back of my lot that I am about to close on. Press down hard on the concrete to work the liquid mix into any cracks as you smooth out the scratch coat layer. masonry drill bits (minimum drilling depth of 3-1/2 in.) Measure the concrete slabs width. The location of all drainage, utility, and road easements located on the property Arrows indicating direction of post-construction water drainage . This is commentary published by Colin Biggers & Paisley for general information purposes only. Home; About; Contact; can you pour concrete over a utility easement Depending on who marks the utilites will determine what permits you need to get. If they care, you may have to be a bit more careful about what you build. Utility easements are one of the most prevalent types of private property easements, allowing . Ask them to verify how deep the lines are buried. 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. 15 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. You will probably have to pay for access to the deed, and you can usually apply for a certified copy for future reference. Suppose you plan to pour some concrete to expand your driveway, but there's a utility easement on the land. 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. Understanding what easements are and why you dont actually own all your property is important if you can build over easements. Personally, I'd actually relocate the gas-line so it's not under your driveway. 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. However, if it enters the green area, then the county may ask you to remove it. The typical width for a utility easement (sewer and water lines) is 20 feet, but the distance depends on the installed service type. I understand I am not supposed to build on it, but curious if others have done this before. Sewer and utility easements grant a right to a utility company or local municipality to use someone else's land. (10 Reasons), Why Are Ring Doorbells So Expensive? You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). The allowed use varies from easement to easement, but in most cases, the landowner is not allowed to interfere with that use. A person listed may not be admitted as a lawyer in all States and Territories. 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. 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. There can be others who can own property easements on your land, but they usually need permission from you beforehand. Is There a Thing Such as St. Augustine Grass Seed? An easement gives a person or organization a legal right to use someone else's landbut only for a needed purpose. 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. Workers regularly access this manhole, working around the plantings. Build retaining walls or plant trees over water mains, sewerage, or gas pipes, as well as electricity cables. I am an entrepreneur, marketing consultant, author and speaker. Although some aspects of sidewalk maintenance are up to the homeowner, like keeping them clear of snow, actual maintenance of the sidewalk is up to the county. Worked in the home building industry for over 30 years. You need to know that your neighbors may be concerned about noise and the safety of their kids. Have the bonding agency or insurance company complete the form and seal it. The first is to determine whether your home has utilities or not. An example of a permissively blocked easement is a power line that runs through your field. This meant that vertical interference with the use of that machine at a height of 6.5 metres was not relevant. 90 linear ft. of treated 24. Utility companies with easement rights can also tear . Agree to read and understand the easement but your situation will be generally unique to the properties of that easement. They can also give you tips to make the job easier. A particular act may be a substantial interference or not, depending on the circumstances. 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. 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. They will place flags indicating where it is safe for you to work. 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. [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? You will want to pour the concrete in sections anyways as a standard practice. If the wires are in conduit you are probably ok. Although other easements may be included on land agreements (necessity, private, and prescriptive), utility easements tend to be the most common. Please log in again. Determine its length and width and if it has any depth to it. Things will get very expensive for you very quickly if you restrict access that has been stipulated in a utility easement. You can concrete over the easement as long as it doesnt interfere with their ability to reach the public beach. Some years ago my neighbour concreted over his sewer grate and when the house down the street was . If the services are already in this would be costly. You can pour concrete over concrete. This should not be relied on as specific advice. Abandonment is determined based on the parties' intents, not on the subjective belief of any of them. Steel corrosion is likely to occur due to galvanic action when copper is adjacent to steel reinforcement and an electrolyte like chloride is present. An easement is typically granted by property owners to an electric utility for the purpose of constructing and maintaining power lines and other equipment. 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. Push the PVC pipes angled end into the trench on one side and into the soil. 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. 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. This is particularly frustrating if youre keen to undertake a home improvement project, as you might find that youre not permitted to do so. Once you have your permission, you can start preparing the land. In that case, there's a good chance of a utility easement on your property. In such cases, the utility company has no choice but to abandon the easement. It would not be wise to put an above-ground hot tub or pool on an easement. Easements at a Glance. #EverythingAboutConcrete #MikeDayConcreteI'm pouring a new stamped concrete patio over an existing brick patio in this video.I'll show you how we pour a conc. It also means youll have to concrete over the area again when theyre done. Generally, you cannot make any improvements in a drainage easement. For example, suppose a particularly large tree in your backyard is interfering with network connectivity. 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. Lorman Education Services. They can give you clear instructions on what you can and cant do with this type of easement. In Doe v Cogente (1997) 94 LGERA 305, the court held that a provision made under section 28 of the EPA Act suspended the operation of a access way, so that an approved development could proceed on the burdened land. 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. There are also two main dominant estates that own sections of your land. Another way to find out about property easements is to speak to your county. Personally, I would not think about the easement for anything permanent. If you want to concrete over this easement, then you should first contact your local utility company. Read our. They likely wont argue with you, but they will give you a warning. You will then be subject to expensive fines and repair costs. Does - Answered by a verified Real Estate Lawyer We use cookies to give you the best possible experience on our website. If you never intend to split the lot, then you only need a driveway easement from your home to the street. 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. If you cannot find your title documents, c heck with the county clerk. An attorney will take the guesswork out of understanding the easement and will ensure you know where you stand. Purcell, Lindsey. You still have the right to use the surface of 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. 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. 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. Well, we have done some digging to find the soundest legal answer. Also to know is, can you build over buried power lines. You should also consider whether the operation of the easement burdening your property has been suspended by an environmental planning instrument. While you don't own the right of way since it is given to you as a privilege, you can use it for whatever purposes you wish. 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. {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}, Utility Easement: Heres Everything You Need To Know, Retired contractor. Can you also concrete over gas pipes? The utility company may pay it if youre lucky, but youre likely going to have to carry the bill. An easement is the legal right for someone to access and control land belonging to somebody else. In NSW you can't build over a sewer main. Our mission is to discern truths, wherever they lie. Your email address will not be published. Nothing elaborate. The Spruce uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Here are 15 ways you can improve your home's curb appeal right at the curb: 1. Another type of easement is a driveway easement. Use a concrete bonding agent to spread over the existing slabs to help form a bond between the old and new layer of concrete. If you share a beach with them, then they likely have similar property easements as you. On larger lots, a homeowner might decide to split the lot in half and rent the second lot out to another family. Cable TV lines, on the other hand, tend to be buried higher up. 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. Again, some pedestrians may mistake it for a sidewalk and use it. Get Ready For Summer With The Right Ac Company. They give the renting family of the second lot ownership of the driveway easement that links their home to the primary driveway and street. We use cookies to give you the best possible experience on our website. Follow the instructions on the label or hire a professional to ensure the concrete cures the correct way. That edge may turn into a sidewalk later. Typically, an environmental planning instrument provides that regulatory instruments which "impose restrictions on the carrying out of development" do not apply. If they don't mind you building there, there is nothing to worry about. Setback laws may limit how close a patio can come to your property line. A pond is situated on property owned by two different property owners. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. It's best to talk with them about what you plan to do and get their approval before proceeding as an act of courtesy. . As a homeowner, you are the subsidiary estate. You can bulldoze an above-ground pool with ease. You can pour the concrete above the lines over the ground, but you are liable if you dig and damage the lines. 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 . The simple answer is YES, you can pour new concrete right over existing concrete. You cant erect or plant anything that will keep them from reaching the public area. Check out these related articles! The documents received back from the title company will have your warranty deed and attachments. 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. Select a pipe with enough diameter for the desired excavation width to run electrical wire under concrete. 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. When it comes to concreting over a view easement, you still can do it as long as the project isnt vertical. 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. There are several different types of easements, and each one determines how difficult or complex concreting over one may be. 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. These markings are color-coded to indicate the specific utility. Building an above-ground pool on it is a better option than an in-ground pool. It is the electric companys fault if the lines werent deep enough or were not in conduit, and you arent to blame. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). Lead solder can break down when copper pipes are joined together, causing leaks around seams, joints, and fittings. Your plans will also need to be created and approved. 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 youre making a vertical structure made out of concrete, however, then you may face some problems. It is common for property owners to be unaware of easements and how they affect their property. 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. They'll just (legally) tear up anything you've put down in the easement. Pedestrians are able to walk on the edge of your property to gain access to the beach. If its a patio, then add some outdoor furniture or a fire pit. On each side of the concrete slab, dig a small trench. What You Need To Know Before Financing Business Equipment ? The Call Before You Dig service will place flags to mark the locations of buried utility lines. 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. Easements usually lie there quietly, not affecting you for years or decades. The third party has taken liberty to fish the entire body of water without permission of the second owner. 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. Can you pour concrete over a propane line? To find out information about utility easements that deal with underground lines, you can call 811 directly in the United States. 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. Plant a fragrance garden. If you have utility lines running through your yard, follow these tips: The first two implied easements mentioned earlier are Thats who likely owns your sidewalk easement, but it might also be a third party. If you intend to lay a concrete driveway over the entire area in the future, the base for the asphalt and its suitability for concrete will become a consideration. But the truth is, the easements associated with the property can be a major factor in the home's value.