can you pour concrete over a utility easement

The company must make reasonable efforts to notify the owner of its intention to abandon the easement. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. But if you are pouring a big slab or building on top it w. Follow the instructions on the label or hire a professional to ensure the concrete cures the correct way. A typical scenario: you have a deep lot that you subdivide into two (front and back). Even if your home doesnt have a sidewalk, you may still have one attached to your property. Measure the concrete slabs width. 1/2"-thick PVC trim or deck fascia (for spacers), plastic shims, 3/16-in. 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. 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. Your email address will not be published. The location of all drainage, utility, and road easements located on the property Arrows indicating direction of post-construction water drainage . For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. An easement or absence can make or break the sale of the property. See it in actionand get pro tips on the correct way to use it in this video . Even general maintenance type provisions might be construed as not allowing a permanent structure. There are a few steps you should follow to concrete over an easement. Another type of easement is a driveway easement. what is the utility? When it comes to concreting over a view easement, you still can do it as long as the project isnt vertical. Any insurance company capable of handling commercial accounts can help you. If youre planning to do concrete work, you may need a building permit before you begin the job. Simply mix, trowel, and smooth Vinyl Patcher over the damaged areas to create a new level surface and clean edges. It keeps you from telling people to leave if theyre using the public beach area. to purchase has an easement running through it. 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. You can do pretty much anything you want. Generally not, because if the work is not materially interfering with the easement, you can build underneath or over it. Utility Easement Restrictions. There are preparations that you need to do, such as digging and having the site surveyed. Another way to find out about property easements is to speak to your county. 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. In most cases, its going to be your local utility company or your county. An example of a permissively blocked easement is a power line that runs through your field. If a utility company regularly works on your property as per the terms of the easement, it is likely to affect the aesthetics of your garden. 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. Make these areas to avoid any interference. 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. The complexity also depends on the type of easement that you want to build the pool on and concrete over. The simple answer is YES, you can pour new concrete right over existing concrete. Then, contact each of the companies responsible for the different utility lines over which you will be building. Do not begin digging until your local utility company or private utility locating company has marked the locations of your utilities. For anything else, then you may only need 10 feet. If thats the case, then you may have some difficulty concreting over it. 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. Work must be completed properly at the time of inspection. Purdue University Extension Forestry and Natural Resources, 2015. You may think the only thing you have to worry about when buying or selling real estate is the deed restrictions. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. Ask The Author Your Questions In The Comments! All Rights Reserved, Pouring Concrete over Utility Lines: Dos and Donts, How a Workers Compensation Defense Attorney Can Help You, Automated Shelving Systems: A Great Way to Optimize Warehouse Operations, Add Visual Interest To Your Home With PVC Column Wraps, Encourage Your Childs Creativity with a Coding Summer Camp, Enhance Your Excel Skills with an Online Excel Training Course. 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 youre using direct bury cable, Id get it down 18 or keep it in the conduit after you get out from the concrete edge to protect it from casual digging. Home; About; Contact; can you pour concrete over a utility easement 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. It used to be allowed in certain circumstances, in a special vented conduit, but no longer. Building a pool is fun, but before you start, you need to consider how your pool will impact the utility easement and your neighborhood. Worked in the home building industry for over 30 years. Whenever you dig, you run the risk of encountering unseen utility lines buried underground. 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. The world abounds with easements, but only certain types may affect a homeowner who wants to build or remodel. Seeking a court order imposing the easement if negotiations do not succeed. Typically, electric lines are buried approximately 18 inches below ground. An easement is typically granted by property owners to an electric utility for the purpose of constructing and maintaining power lines and other equipment. Accidentally hitting an underground utility line not only causes property damage, but it can also lead to serious bodily harm. If you never intend to split the lot, then you only need a driveway easement from your home to the street. Back to top. Olanike "Nike" Orisamolu is a fact-checker and digital marketing expert with experience in communications, writing, editing, and content marketing. It could contain now, or in the future, water lines, sewer lines, electric lines, gas lines, fiber optic, etc. Is the existing concrete structurally sound? The real issue arises when he locks the gate you are forced to go over. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. An easement gives a person or organization a legal right to use someone else's landbut only for a needed purpose. If so, from whom? Build retaining walls or plant trees over water mains, sewerage, or gas pipes, as well as electricity cables. All properties, except for rare circumstances, have an easement of some type. Above-ground hot tubsand pools are also subject to removal. Its possible to concrete over an easement. Plant a fragrance garden. Alistair Perry. There are a few ways you can determine if you have a property easement and its location on your property. Select a pipe with enough diameter for the desired excavation width to run electrical wire under concrete. Electrical power lines or telephone lines also run over private property. 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. Youre able to build a home on the lot, put in pools, build decks, and lay concrete over the land. Especially after - ugh - how crappy to have to dig up your work! Don't give in to the temptation to just skip the permitting process entirely, though . Does Your Home Remodel Need a Land Survey? An easement grants certain people or entities a legal right to use someone else's land for a specific purpose. Depending on who marks the utilites will determine what permits you need to get. This is particularly frustrating if youre keen to undertake a home improvement project, as you might find that youre not permitted to do so. A right of way is an easement that allows one person to use another's property to reach their property. This is commentary published by Colin Biggers & Paisley for general information purposes only. A pond is situated on property owned by two different property owners. A "regulatory instrument" is defined to include an "agreement, covenant or instrument" which would generally include an easement. We are passionate about home decor, design, and all things home related. Bermuda Grass Killer: What Kills Bermuda on Your Lawn? The most important thing you need to consider before allowing a utility easement on your property is how it will affect your home. You will want to pour the concrete in sections anyways as a standard practice. 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. For example, a common easement is one that a utility company has for placing cables, pipes, or other equipment under or over the property to allow property owners to use their utilities. Before concreting or a conservation easement, you should first speak with your county. 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. The first two implied easements mentioned earlier are Even general maintenance type provisions might be construed as not allowing a permanent structure. Yikes! Let's dive right in! 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. They may have special rules attached to concreting over existing sidewalks. How the dominant estate uses the easement depends on the type that it is. 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. Don't be fooled. You will probably have to pay for access to the deed, and you can usually apply for a certified copy for future reference. 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. 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. The buyer builds a house on the backlot. Btw, I realize a permeable cover is an option, but I'm asking specifically about a simple concrete path. Building over utility lines is a common occurrence. 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. There is tension between the cases which have looked at whether an easement "imposes restrictions on development". Please log in again. Then, when you decide to bump out your house, put on an addition, dig a pool, or erect a fence, you find out that you have a legal easement running through your property. We delve deep into how technology, Market, Health is used by governments, businesses, and citizens of the world while analyzing its ethical, social, and philosophical implications. I understand I am not supposed to build on it, but curious if others have done this before. However, if it enters the green area, then the county may ask you to remove it. Workers regularly access this manhole, working around the plantings. Marking services should be done at no charge. If you live on the beach, then you likely have a beach easement on your property. After logging in you can close it and return to this page. There are several different types of easements, and each one determines how difficult or complex concreting over one may be. 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. Driveway easements generally mean that the driveway is going to be used twice as much as a normal residential driveway. The only issue with sizing is whether the conduit extends at least 2 beyond the slab and can be tightly sealed. assuming you want to keep an eye on, The letter J is one of the alphabets most powerful letters, and names beginning with it are known as the worlds movers and shakers. The, Copyright 2023 TipsFolder.com | Powered by Astra WordPress Theme. A neighbor with easement rights to access part of a yard can rightfully demand a dividing fence be removed. Just hope and pray that the City or any of the utility companies never need to dig in 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. This is video #3 of my porch to room addition series. Well, we have done some digging to find the soundest legal answer. It is the electric companys fault if the lines werent deep enough or were not in conduit, and you arent to blame. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. This can lead them to arrive and carry out work without your approval. 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. The consequence of choosing to concrete over a property easement is that you may need to destroy the project later. Do you need to get permission before pouring the concrete? . You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). There are several different types of easements. The person or entity who is allowed to do this is called the dominant estate; you are the servient estate. You can use an alternative route if you're not trespassing on someone else's property. If a problem ever arises with the sidewalk, then the dominant party will send someone to fix it. July 3, 1996. California Land Title Association. On each side of the concrete slab, dig a small trench. A representative will come to the property and mark the locations of buried utility lines. A person listed may not be admitted as a lawyer in all States and Territories. Nothing elaborate. The Spruce uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. 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. 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. If youre concreting over a utility easement, then you want to be careful how deep you dig. Required fields are marked *. masonry drill bits (minimum drilling depth of 3-1/2 in.) Some activities are allowed, while others are not. Use a concrete bonding agent to spread over the existing slabs to help form a bond between the old and new layer of concrete. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. 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. posted 2015-Mar-11, 2:35 pm AEST. You should always ensure the people pass over your land without inconveniencing you/your family. Lead solder can break down when copper pipes are joined together, causing leaks around seams, joints, and fittings. You can pour concrete over concrete. It also means youll have to concrete over the area again when theyre done. 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. 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. It is also important to ensure safety when working with . 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. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). These areas are placed explicitly for these materials. 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. 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. Can you pour concrete over a propane line? 1 Response I havent seen any cable in direct contact with concrete. Different requirements will apply to covered decks. Can a Surveyor Trespass on Your Property? The dominant estate owning the easement may need to access the easement. The easement ensures that youre unable to block their access to the public beach. 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. Have the bonding agency or insurance company complete the form and seal it. How deep does a gas line need to be buried in California? 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. There are sidewalk easements that allow the public to walk in front of your property, as long as they stay on the sidewalk. and you will be subject to any of them. Cable TV lines, on the other hand, tend to be buried higher up. But, there's some things you have to take into consideration before you make a final decision. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. If you are pouring a sidewalk or some kind of slab that can get pulled up then also probably ok. What rights does the second owner have to prevent the third party from fishing on his . Yet if you value peace of mind over everything else, not building on that easement is the best way to go. Think of it as trespassing on the utility property. Trees and other major vegetation should not be planted on easements. 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. Easements usually lie there quietly, not affecting you for years or decades. Finally, you should speak with your neighbors. However, an owner can make minor changes to the easement if they don't cause a material change. Typically this could be a access way or an easement for drainage. There are no other options for connecting a sewer line other than through his backyard. Save my name, email, and website in this browser for the next time I comment. In some cases, not only a permit . These easements are typically granted to maintain existing infrastructure or install new infrastructure. Denso tape will suffice for burying pipes in concrete as long as they are protected from corrosion. The allowed use varies from easement to easement, but in most cases, the landowner is not allowed to interfere with that use. You can contact the utility company to determine the location of the easement. Cable, internet and electrical are often underground these days. Youll also need to tear the concrete down if you ever decide to install a sidewalk on your property. Once you have your permission, you can start preparing the land. September 7, 2006 - 1:35 am. Things will get very expensive for you very quickly if you restrict access that has been stipulated in a utility easement. The typical width for a utility easement (sewer and water lines) is 20 feet, but the distance depends on the installed service type. That means no fences, sheds, walls, trails or buildings. Removsble platform would be the best option. 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. Generally not, as you can build under or over it if the work will not have a material interference with the easement. Can you also concrete over gas pipes? Before beginning any construction project, dial 811 to schedule an appointment with your local utility locator service. Fences regularly get built along or across easements. A Legal Introduction to Easements. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. Even if a sidewalk isn't physically in place, you may still have a sidewalk easement in place on paper. If they ever need to access your utility lines, then theyll need to remove the concrete. The first is by abandonment, and the second is by the end of necessity. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. 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. Trees and Electric Lines. If you have utility lines running through your yard, follow these tips: Let's say an easement burdens your property. An easement is the right to use a portion of a piece of property without actually owning it. I agree that it's probably best to avoid this. Personally, I would not think about the easement for anything permanent. Sewer and utility easements grant a right to a utility company or local municipality to use someone else's 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. The first thing to do when you receive the property deed is to read through the terms of the utility easement. Check the survey, many times it's an aerial easement. It's best to talk with them about what you plan to do and get their approval before proceeding as an act of courtesy. Utility easements are one of the most prevalent types of private property easements, allowing . 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. Get Ready For Summer With The Right Ac Company. Make the section large enough that an appropriately sized digger can dig in it without molesting the adjacent sections. 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. As that estate, you own most of the property of the lot that you purchased. 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. A utility company may have an easement on your property to access an electrical pole. You might need to dig a foundation up to 24 inches deep before pouring concrete. Determine its length and width and if it has any depth to it. Consider this information when you plan to concrete over an easement on your lot. 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. You cant erect or plant anything that will keep them from reaching the public area. Theyll need a driveway easement to connect the second lot to the street. For example, a property owner with a utility easement across her yard may plant a tree or build a fence around it. 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. Apr 9, 2010. With your sledge hammer, tap the other end of the PVC pipe. While communication with the company is unlikely to go smoothly, its an important step to know where you stand. They'll just (legally) tear up anything you've put down in the easement. However, if there's any damage to the existing concrete, these problems can carry over into the new concrete. You may want to create a patio that overlooks the beach, for example. 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. If it is a recorded easement (like if it also serves the neighbors), the overbuilding restrictions will be spelled out. Or if your driveway overlaps your property line, you might rely on an easement on your neighbor's property to get to your garage. A view easement is a type of easement that prohibits homeowners from building more stories or planting large trees. Again, some pedestrians may mistake it for a sidewalk and use it. As a homeowner, you are the subsidiary estate. Chances are you will get nowhere and will be left with 7' missing from your court. If they care, you may have to be a bit more careful about what you build. Also to know is, can you build over buried power lines. You can pour the concrete over the ground above the lines but if you dig and damage the lines you are liable. Is There a Thing Such as St. Augustine Grass Seed? #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. Can you also concrete over gas pipes? Pedestrians are able to walk on the edge of your property to gain access to the beach. In that case, a utility company may have the legal authority to remove or trim it without your permission. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. If so, prime your existing layer. Push the PVC pipes angled end into the trench on one side and into the soil. Concrete destroys greenery like grass, trees, and other plants. Well help you understand what a property easement is and if you can concrete over it. Thats who likely owns your sidewalk easement, but it might also be a third party. If possible, try to build around any underground utility lines. The easement gives them the right to gain access to your property to service the sidewalk. There are utility easements that allow sewer and gas lines. Generally, you cannot make any improvements in a drainage easement. Typically, an environmental planning instrument provides that regulatory instruments which "impose restrictions on the carrying out of development" do not apply. They likely wont argue with you, but they will give you a warning.

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