There are utility easements that allow sewer and gas lines. How Much Does It Cost to Build a Barndominium? A "regulatory instrument" is defined to include an "agreement, covenant or instrument" which would generally include an easement. You will want to pour the concrete in sections anyways as a standard practice. Make these areas to avoid any interference. This can lead them to arrive and carry out work without your approval. No. 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. Required fields are marked *. 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. Well help you understand what a property easement is and if you can concrete over it. 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. To determine whether or not your neighbor is blocking your access, you must first determine where your neighbor's property begins and ends. Bermuda Grass Killer: What Kills Bermuda on Your Lawn? 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. This can check your bases and ensure you dont need to tear down the project later. Lets Hear it From the Experts, Lawn Chinch Bug Infestation: Damage Control 101. That doesn't mean you can't do that at all. Therein lays the core issue. 1/2"-thick PVC trim or deck fascia (for spacers), plastic shims, 3/16-in. 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. All in all, it may be best to remove the asphalt drive and start the concrete project from scratch. A sidewalk easement is a part of the lot thats reserved for the installation of a sidewalk. Its something you may be able to get away with if the concrete resides solely on your property. You should also investigate whether the environmental planning instrument contains a provision suspending the easement. It used to be allowed in certain circumstances, in a special vented conduit, but no longer. Here are 15 ways you can improve your home's curb appeal right at the curb: 1. But whether or not you actually can build over it will generally depend on whether your proposal causes substantial interference to someone else's rights. Made it to the end? 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. I also operate remodeling design service for homeowners. A common way that homeowners create this easement is when they decide to split their land into lots. 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. 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 usually run along the property lines for the length of the easement. - Answered by a verified Real Estate Lawyer. If so, from whom? These issues are particularly relevant when carrying out your due diligence before the purchase of a property for redevelopment. The typical width for a utility easement (sewer and water lines) is 20 feet, but the distance depends on the installed service type. How the dominant estate uses the easement depends on the type that it is. Any insurance company capable of handling commercial accounts can help you. Before you proceed, you need to call 811 and check if any permits are required. Generally not, because if the work is not materially interfering with the easement, you can build underneath or over it. You will want to pour the concrete in sections anyways as a standard practice. You can concretely use an easement if you obtain approval from the appropriate authorities (i.e., who owns the services). Finally, you are permitted to do this as long as you do not restrict the access ofthe easement holder. If you have an easement on your property it will be clearly marked on the certificate of title. 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. 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. Once you have your permission, you can start preparing the land. This is probably the easiest concrete mistake to make because properly mixed concrete looks too dry to flow and trowel properly. Spread the liquid mix over the existing concrete. Check out these related articles! The most important thing you need to consider before allowing a utility easement on your property is how it will affect your home. The process can be difficult if you need to tear out the pool later. However, in Cracknell and Lonergan Pty Limited v Council of the City of Sydney (2007) 155 LGERA 291, the court held that the access way in question did not cease to be operative. In some cases, not only a permit . A view easement is a type of easement that prohibits homeowners from building more stories or planting large trees. Youre able to build a home on the lot, put in pools, build decks, and lay concrete over the land. Because you dont own the easement, its a good idea to make access points to it for those who do own it. This isnt ideal if you want to plant vegetation, trees, and other plants in and around your home. If you cannot find your title documents, c heck with the county clerk. A $50.00 re-inspection fee may be charged if work . Do Coffee Tables and End Tables Have to Match? Even if a sidewalk isn't physically in place, you may still have a sidewalk easement in place on paper. One of the first steps to take is to understand where the easement is on your property. And if not, install a piece of material to break the bond, like tar paper or sand. 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. As that estate, you own most of the property of the lot that you purchased. Youll also need to tear the concrete down if you ever decide to install a sidewalk on your property. Just leave that part off your permit application and have your contractor install it anyways. Why Is Vinyl Fencing So Expensive? Some years ago my neighbour concreted over his sewer grate and when the house down the street was . You can pour concrete over concrete. They'll just (legally) tear up anything you've put down in the easement. 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. We wouldnt advise proceeding with additions to your property if youre not clear about the terms of your utility easement. Because a view easement can impact whether you can build a second or third story on your home, you should determine if your property has a view easement on it. Typically, utility easements are designed for specific infrastructures. If you're building a structure, however, then it . 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. You should also consider whether the operation of the easement burdening your property has been suspended by an environmental planning instrument. Thats acceptable as long as the patio doesnt cut off traffic to the beach. 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. How I poured a concrete slab over an existing concrete porch slab. If you have an HOA, they will likely not approve any plans that show the slab on an underground easment. That edge may turn into a sidewalk later. If you have a power company easement on your property, the seller should have disclosed it when you bought the house. After logging in you can close it and return to this page. Gas lines, a gas meter, a water meter, or gas or water shut-off valves cannot be used to construct decks. Speaking with your local county, utility company, and neighbors can help you determine the location of the easements on your property. If youre concreting over a utility easement, then you want to be careful how deep you dig. You can pour the concrete above the lines over the ground, but you are liable if you dig and damage the lines. Your contractor will have to do a one-call so the operator will find out. Answer (1 of 4): Yes . These areas are placed explicitly for these materials. Personally, I'd actually relocate the gas-line so it's not under your driveway. Can a Surveyor Trespass on Your Property? Is There a Thing Such as St. Augustine Grass Seed? The most common type of easement falls under the category of a utility easement. Can you also concrete over gas pipes? Look at what the easement is for and whether you can negotiate to change its location. You may even decide that you want to concrete the driveway easement to create your driveway. Get Ready For Summer With The Right Ac Company. Propane or natural gas can never be run below a concrete slab. A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence. There are preparations that you need to do, such as digging and having the site surveyed. Thats who likely owns your sidewalk easement, but it might also be a third party. If it werent for such arrangements, utility companies would face a difficult time carrying out required repairs and improvements. Even general maintenance type provisions might be construed as not allowing a permanent structure. Home; About; Contact; can you pour concrete over a utility easement For a sewer easement, assuming the construction unreasonably impairs the use, the cost of destroying the obstruction would be weighed against the cost of other possible remedies, such as the additional cost of running the sewer line under the construction. One of the property owners has given permission to a third party to fish the pond. A typical scenario: you have a deep lot that you subdivide into two (front and back). Agree to read and understand the easement but your situation will be generally unique to the properties of that easement. Measure the concrete slabs width. A neighbor blocking access to your property is a pain in the behind. There are no other options for connecting a sewer line other than through his backyard. Concrete Too Wet. {"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}, Utility Easement: Heres Everything You Need To Know, Retired contractor.