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. Can you also concrete over gas pipes? A neighbor blocking access to your property is a pain in the behind. Utility companies with easement rights can also tear . Forgiveness, not permission. Back to top. A "regulatory instrument" is defined to include an "agreement, covenant or instrument" which would generally include an easement. The first thing to do when you receive the property deed is to read through the terms of the utility easement. To gain access to that backlot, the buyer should have a driveway easement. Press down hard on the concrete to work the liquid mix into any cracks as you smooth out the scratch coat layer. There may be multiple underground utility lines located at varying depths within a single area. Any advice would be greatly appreciated. Likely you can find documents relating to your property, including easements. The simple answer is YES, you can pour new concrete right over existing concrete. Best to talk to them ahead of time. Yes, you can pour concrete over buried power lines, but you should seek professional assistance if you decide to do it. In many instances, a utility company isnt required to inform you of the details of the work that is to be carried out on your property. Does this mean you are prohibited from building under or over it? Does Your Home Remodel Need a Land Survey? It is common for property owners to be unaware of easements and how they affect their property. 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. However, if there's any damage to the existing concrete, these problems can carry over into the new concrete. If they ever need to access your utility lines, then theyll need to remove the concrete. Depending on where you live, there may be legal setback requirements. 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. This will give you an idea of the type of additions that are likely to be restricted. Be careful not to pull, nick, or break any underground utility lines. It can affect the access to your land, making it more difficult for you to use. Lets Hear it From the Experts, Lawn Chinch Bug Infestation: Damage Control 101. In beating, the goal, Coin or banknote: Quantity: dollars half-dollars quarters dimes nickels pennies cents dollars half-dollars quarters dimes nickels pennies cents 4 dollars equals: 4 dollars equals 16, As a result, wet and dry sand volumes would not be the same; wet sand volumes would be higher because it has more mass, as, Thats about 360375 hours, so itll take you over two weeks if you dont stop for anything. 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. Typically, utility easements are designed for specific infrastructures. a. the water authority finds out about your concreting, and. One final type of easement is a view easement. You can not work in the city ROW without I) a permit, and ii) being lusenced and bonded with the COA. For instance, if you truly do own your house and land in full, how can someone lay claim to your property in perpetuity? Yet if you value peace of mind over everything else, not building on that easement is the best way to go. Worked in the home building industry for over 30 years. Working around buried structures is a lot of fun. Homes require strong and deep foundations, and the authorities will refuse to allow you to construct them. Plant a fragrance garden. However, an owner can make minor changes to the easement if they don't cause a material change. You can concrete over an easement if youre building a pool. 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. utility poles, transformers, overhead or underground . Lorman Education Services. Agree to read and understand the easement but your situation will be generally unique to the properties of that easement. Your email address will not be published. As its name might suggest, its part of your lot thats reserved for the construction of a driveway. A right of way is the easement over your land to facilitate the passage of people or other vehicles. After logging in you can close it and return to this page. Pedestrians are able to walk on the edge of your property to gain access to the beach. The third party has taken liberty to fish the entire body of water without permission of the second owner. Steel corrosion is likely to occur due to galvanic action when copper is adjacent to steel reinforcement and an electrolyte like chloride is present. Some years ago my neighbour concreted over his sewer grate and when the house down the street was . If you damage a natural gas pipeline, for instance, you are endangering both your own safety and the safety of others. How to Draw Landscape Plans: Help for Beginning DIYers. 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. The council contended that the roof would prevent it from using a particular Hitachi excavator if there was an emergency fault in the pipes. The good news is that many concrete installations at or just above grade level will not need a permit. This is an area that takes up the least amount of space on the lot and provides an efficient path to the nearby street. The good news is that utility companies rarely need to access their easement unless something is wrong with their pipes or lines. To find out information about utility easements that deal with underground lines, you can call 811 directly in the United States. Your house's warranty deed should have an attachment that spells out the conditions of the easement. Read our. Then, you need to figure out what is and isn't permissible on his and your side. To get bonded, contact (904) 255-8310 to request the Right of way Surety Bond Form and take it to a bonding agency or insurance company. 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. You should avoid planting trees or much landscaping as well. Currently residing in Southwest Florida. 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. Press J to jump to the feed. They establish green areas to help soak up the carbon dioxide in the region. While you might be inconvenienced by a utility easement from time to time, its actually an important part of the development and sustainability of communities. How deep is a gas line buried in Ontario? Reply elastic 21/07/2009 Concreting over this easement is possible. If so, to what extent can you build and will you ever be forced to tear down any of the items that you have built? Cleaning concrete on a regular basis will help to remove dirt and grime that could wear down the surface of your concrete. 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. A conservation easement may be a greenbelt or park running alongside your property. . 1 The person or entity who is allowed to do this is called the dominant estate; you are the servient estate . The login page will open in a new tab. September 7, 2006 - 1:35 am. What is a maintenance easement? Colin Biggers & Paisley, Australia 2023. Or, you may need to use a jackhammer to remove old concrete before laying a new foundation. What You Need To Know Before Financing Business Equipment ? 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. Suppose you plan to pour some concrete to expand your driveway, but there's a utility easement on the land. An easement is the right to use a portion of a piece of property without actually owning it. 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. 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. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. Use a concrete bonding agent to spread over the existing slabs to help form a bond between the old and new layer of concrete. The process can be difficult if you need to tear out the pool later. This easement allows people to gather on the edge of your property if the area is public. masonry drill bits (minimum drilling depth of 3-1/2 in.) When building sidewalks, for example, youre likely working near the road where utility lines tend to be buried. For example, if installing a high-voltage transmission line, you should ensure the easement is at least 50 feet wide. 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. You need to determine who owns the easement and ask them about concreting over it. Bermuda Grass Killer: What Kills Bermuda on Your Lawn? We wouldnt advise proceeding with additions to your property if youre not clear about the terms of your utility easement. There are utility easements that allow sewer and gas lines. Home; About; Contact; can you pour concrete over a utility easement It would not be wise to put an above-ground hot tub or pool on an easement. If they don't mind you building there, there is nothing to worry about. Before beginning any construction project, dial 811 to schedule an appointment with your local utility locator service. So, as long as you don't obstruct it severely, you should be fine to pour your concrete. The easement can restrict your development. . Even general maintenance type provisions might be construed as not allowing a permanent structure. The documents received back from the title company will have your warranty deed and attachments. However, inwhich, a utility easement can be extinguished. The superior quality of resin over alternative driveway . 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 . Utility easements typically allow for sewage, telephone lines, Internet, and various other essential aspects of our daily lives to be maintained. 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. I understand I am not supposed to build on it, but curious if others have done this before. Let's dive right in! Beyond the ROW, you can do what you want. The record will give you the names of the previous owners and the dates the easement was granted. You should also consider whether the operation of the easement burdening your property has been suspended by an environmental planning instrument. The creation of a driveway easement is through a deed. I agree that it's probably best to avoid this. An easement is typically granted by property owners to an electric utility for the purpose of constructing and maintaining power lines and other equipment. You will almost certainly not be able to build a home over the line if a landline phone, electricity, gas, or water crosses your property. Just leave that part off your permit application and have your contractor install it anyways. If theres a problem with your utility lines or pipes, then the company will need to destroy the pool to access them. An example of a permissively blocked easement is a power line that runs through your field. Our mission is to discern truths, wherever they lie. A drainage easement has two possible purposes. Not necessarily a terrible idea, but it does involve risk. The intent to abandon may be expressed or implied, but it must be proven by clear, unequivocal, and convincing evidence. An easement gives a person or organization a legal right to use someone else's landbut only for a needed purpose. 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. In NSW you can't build over a sewer main. 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. Depending on who marks the utilites will determine what permits you need to get. Yes, anyone can build anything on a utility easement as long as it does not restrict its purpose. If the Area Engineer needs assistance before granting access to a Utility, they should call the District Traffic Operations Engineer. You can concrete ove an easement providing you get approval from the appropriate authorities (ie who owns the services). A utility company may have an easement on your property to access an electrical pole. Because of this, it needs to be strong, durable, and built to last. If youre planning to do concrete work, you may need a building permit before you begin the job. Easements by implication, better known as implied easements, may be created three ways: (1) by reserva-tion, (2) by grant or (3) by way of necessity. It is the electric companys fault if the lines werent deep enough or were not in conduit, and you arent to blame. Typically this could be a access way or an easement for drainage. If you are pouring a sidewalk or some kind of slab that can get pulled up then also probably ok. This can lead them to arrive and carry out work without your approval. Measure the concrete slabs width. Exact quantities depend on the shape of your patio and the layout of the decking. 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. An easement or absence can make or break the sale of the property. Copyright 2023 Home Improvement Cents, all rights reserved. Its a good idea to receive written permission from them to concrete over the easement. ; Drainage or water conservation laws may dictate certain design parameters.