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Yes, you can build on a property easement, even a utility easement. As a homeowner, you are the subsidiary estate. Re Utility easement Does the servient property owner have You need to find out what's in it currently and who has rights to place facilities in it in the future. You can not work in the city ROW without I) a permit, and ii) being lusenced and bonded with the COA. 3 Ways to Avoid Replacing Your Concrete Sidewalk - Bob Vila All properties, except for rare circumstances, have an easement of some type. It grants the right to use your land for road purposes. The easement gives them the right to gain access to your property to service the sidewalk. Utility Easements: Locating & Identification Facts | Blog | SoftDig There are utility easements that allow sewer and gas lines. When building sidewalks, for example, youre likely working near the road where utility lines tend to be buried. But how do you find out whats permitted? The dominant estate owning the easement may need to access the 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. When the driveway turns to reach the second lot, the primary homeowner gives an easement to the renter of the second lot to use the driveway. 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. If possible, try to build around any underground utility lines. You should also investigate whether the environmental planning instrument contains a provision suspending the easement. Bushes, lawn, and other shallow-rooted shrubberies may be planted on easements. An easement or right-of-way cannot be crossed by a deck. How deep does a gas line need to be buried in California? 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. Your house's warranty deed should have an attachment that spells out the conditions of the easement. How I poured a concrete slab over an existing concrete porch slab. One final type of easement is a view easement. This is important for homes that have incredible views of forests, beaches, and even city skylines. Do not begin digging until your local utility company or private utility locating company has marked the locations of your utilities. 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. It may be needed for the flow of storm water. Theyll need a driveway easement to connect the second lot to the street. As a general rule you can't build over an easement. Press J to jump to the feed. Chances are you will get nowhere and will be left with 7' missing from your court. Can you build a driveway over an easement? - Quora By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Your contractor will have to do a one-call so the operator will find out. Seeking a court order imposing the easement if negotiations do not succeed. Well, we have done some digging to find the soundest legal answer. The documents received back from the title company will have your warranty deed and attachments. Utility Easements (Above Ground) 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.