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How Close Can You Build To A Utility Easement. How close you can build to an easement will depend on the nature of the easement such as whether it is to protect utility service or right of access. So now they have close to 15 feet of the easement occupied with their pool. In this case you have an easement for ingress and egress that is your neighbor has the right to enter and exit his property by going across yours. If there is a utility easement though you will face restrictions on your own use of that part of your land.
Owner In Process Of Subdivision With Site Plan For Two Lots With Site Plan For 39 600sf With A Cross Over Easement For Access To All Utilities The Expected Goa From pinterest.com
Yes you can build on a property easement even a utility easement. Cohen Handler will be able to advise you during your property search whether any land youre considering has an easement on it and what its implications are for your development plans. The pool company designs and then begins construction on the pool with the 6 foot figure. And of course parts of a building inaccessible to people are allowed to be closer to the lines. An easement can be acquired through extended use and maintenance without permission of the owner. As a general rule the owner of the burdened property you in this case can do pretty much anything with a non-exclusive easement so long as it does not interfere with the easement owners use of the easement.
Utilities generally utilize these strips in joint trenches when applicable.
An easement by necessity occurs when someone legally has a right to use a section of your property if there is a justified need for it. That is still constructing a building on the easement. The most common example of this easement is a property that doesnt have direct access to a road except through another property. So now they have close to 15 feet of the easement occupied with their pool. When an easement is granted and someone builds on the easement area it is at their own risk. You usually cant build a permanent structure where an easement runs even though the land is yours.
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Anything from a house addition down to fences shrubs and childrens playsets might need to be removed in this event. That is still constructing a building on the easement. Normally an easement will not prevent you from building over or under it. Some widths may be less than 20 feet. However there may be only a county setback from the road.
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Yes you can build on a property easement even a utility easement. 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 65 metres above the easement. The easement might strictly prohibit such construction or alternatively might permit such construction so long as the improvement can be constructed in a way not to interfere with the citys easement rights which could include the right to access maintain repair construct andor inspect the sewer line or underground utility. What they didnt consider is that there is a 75 feet wide utility easement along the back line of the lot. You usually cant build a permanent structure where an easement runs even though the land is yours.
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The easement might strictly prohibit such construction or alternatively might permit such construction so long as the improvement can be constructed in a way not to interfere with the citys easement rights which could include the right to access maintain repair construct andor inspect the sewer line or underground utility. You should read all of your governing documents to see how much of a setback is required. Normally an easement will not prevent you from building over or under it. Its hard to imagine a building. However the purpose and use will establish the width.
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That is still constructing a building on the easement. The statutory time limit could be anywhere between 10 and 20 years. What they didnt consider is that there is a 75 feet wide utility easement along the back line of the lot. So now they have close to 15 feet of the easement occupied with their pool. A particular act may be a substantial interference or not depending on the circumstances.
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Yet if you value peace of mind over everything else not building on that easement is the best way to go. 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. How close can you build to a utility easement. The statutory time limit could be anywhere between 10 and 20 years. The land developer dedicates the PUEs to facilitate the distribution of utilities to the individual lots in the subdivision.
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As a general rule the owner of the burdened property you in this case can do pretty much anything with a non-exclusive easement so long as it does not interfere with the easement owners use of the easement. Normally an easement will not prevent you from building over or under it. You cant expand your house over that area or plant a tree that keeps vehicles from coming through if its not so much an easement vs. Cohen Handler will be able to advise you during your property search whether any land youre considering has an easement on it and what its implications are for your development plans. As a general rule the owner of the burdened property you in this case can do pretty much anything with a non-exclusive easement so long as it does not interfere with the easement owners use of the easement.
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Normally an easement will not prevent you from building over or under it. A particular act may be a substantial interference or not depending on the circumstances. It could contain now or in the future water lines sewer lines electric lines gas lines fiber optic etc. Its hard to imagine a building. The dominant estate owning the easement may need to access the easement.
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So you could not do anything that would interfere with that. The dominant estate owning the easement may need to access the easement. Utilities generally utilize these strips in joint trenches when applicable. The easement might strictly prohibit such construction or alternatively might permit such construction so long as the improvement can be constructed in a way not to interfere with the citys easement rights which could include the right to access maintain repair construct andor inspect the sewer line or underground utility. The most common example of this easement is a property that doesnt have direct access to a road except through another property.
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Normally an easement will not prevent you from building over or under it. Its hard to imagine a building. An easement by necessity occurs when someone legally has a right to use a section of your property if there is a justified need for it. Normally an easement will not prevent you from building over or under it. You cant put up a fence to block access for instance.
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Greater distances are required from parts of a building normally accessible to people balcony walkway terrace than places where people can get to but generally dont roof pergola carport. You cant expand your house over that area or plant a tree that keeps vehicles from coming through if its not so much an easement vs. The statutory time limit could be anywhere between 10 and 20 years. What they didnt consider is that there is a 75 feet wide utility easement along the back line of the lot. The pool company designs and then begins construction on the pool with the 6 foot figure.
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You cant put up a fence to block access for instance. So now they have close to 15 feet of the easement occupied with their pool. You usually cant build a permanent structure where an easement runs even though the land is yours. The surveyor should never declare that an easement exists by prescription. The dominant estate owning the easement may need to access the easement.
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The city has a requirement that the edge of water can be no closer than 6 feet to a property line or the slab of any occupied structure. So now they have close to 15 feet of the easement occupied with their pool. Anything from a house addition down to fences shrubs and childrens playsets might need to be removed in this event. As a general rule the owner of the burdened property you in this case can do pretty much anything with a non-exclusive easement so long as it does not interfere with the easement owners use of the easement. And of course parts of a building inaccessible to people are allowed to be closer to the lines.
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How close you can build to an easement will depend on the nature of the easement such as whether it is to protect utility service or right of access. If you do the utility company can remove the obstruction or even destroy it if it interferes with the easement. That doesnt mean you cant build a fence or plant shrubs or flowers along the border so long as they dont interfere with the utility companies access to their equipment. However the purpose and use will establish the width. The easement language will also be important as some easements can be vacated if not used.
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Its a general utility easement. When an easement is granted and someone builds on the easement area it is at their own risk. An easement can be acquired through extended use and maintenance without permission of the owner. You usually cant build a permanent structure where an easement runs even though the land is yours. Yet if you value peace of mind over everything else not building on that easement is the best way to go.
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You cant put up a fence to block access for instance. How close you can build to an easement will depend on the nature of the easement such as whether it is to protect utility service or right of access. Yes you can build on a property easement even a utility easement. However there may be only a county setback from the road. Its a general utility easement.
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If there is a utility easement though you will face restrictions on your own use of that part of your land. That doesnt mean you cant build a fence or plant shrubs or flowers along the border so long as they dont interfere with the utility companies access to their equipment. You cant expand your house over that area or plant a tree that keeps vehicles from coming through if its not so much an easement vs. As a general rule the owner of the burdened property you in this case can do pretty much anything with a non-exclusive easement so long as it does not interfere with the easement owners use of the easement. A real estate attorney can help you review the easement and determine the extent of the risk you will assume if you build the addition over the easement.
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Yes you can build on a property easement even a utility easement. You cant put up a fence to block access for instance. A real estate attorney can help you review the easement and determine the extent of the risk you will assume if you build the addition over the easement. However there may be only a county setback from the road. For instance if you build a permanent garage on land used by the utility you might be.
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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. An easement by necessity occurs when someone legally has a right to use a section of your property if there is a justified need for it. The fence would also be prohibited as it would effect their access to the easement. 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. As a general rule the owner of the burdened property you in this case can do pretty much anything with a non-exclusive easement so long as it does not interfere with the easement owners use of the easement.
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