Utility easements

[Cuda416]

I am getting ready to build a post and frame shop soon but before I start drilling holes for the poles I need to figure exactly where to put the thing.

My property is 188'x350' with a 10' "utility,postal,drainage' easement around the entire perimeter. I just got off the phone with the city folks and they believe because every plot near me has the same cookie cutter easement (they've never seen a "postal" easement, nor have I) that it was done to cover all possibilities. However they were right to remind me that if someone in those departments wants to, they have the right to do what they need include digging up my base material if they need to and won't necessarily put it back the way they found it.

I also have a septic leach field I need to account for on the other side of the proposed building area.

How far should I stay away from either of these "lines"? I was planning on giving myself a few feet of wiggle room for the easement line but how much room do i need to give myself between the building and the septic field? is it OK to have the fill material over it, or is any sort of top cover a no no?

I'd like to build as close to the easement as possible without setting myself up for problems later on down the road.

 

[txvwnut]

I can't say for the septic system but for the utility easements I went 2 feet from them when I built my shop.

 

[johninct]

Get a copy of what the easement actually says.

 

[Cuda416]

Get a copy of what the easement actually says.

Any pointers as to who i would talk to about that?

 

[Cuda416]

I can't say for the septic system but for the utility easements I went 2 feet from them when I built my shop.

Thanks, that's kind of what I was thinking. No problems with the base material going over?

 

[ForceFed70]

Canadian here- things may be a little different in the US. Not sure your location.

My understanding of an easement is that you can build right beside the easement with no setback. If you get it surveyed and marked, you could build right up to it. That's why it's a 10' easement for what would be a 2' trench. Important to get it surveyed if you're building that close tho - would **** to be told you're on the easement and to remove the building.

Easement details should be registered to the title. In Canada we have a land titles office that I could contact for the title information. I suspect you have something similar.

Most areas have setbacks enforced by bylaw/country offices. A 10' setback wouldn't be uncommon. If there is a 10' setback, you couldn't build there regardless of the easement.

 

[Cuda416]

Canadian here- things may be a little different in the US. Not sure your location.

My understanding of an easement is that you can build right beside the easement with no setback. If you get it surveyed and marked, you could build right up to it. That's why it's a 10' easement for what would be a 2' trench. Important to get it surveyed if you're building that close tho - would **** to be told you're on the easement and to remove the building.

Easement details should be registered to the title. In Canada we have a land titles office that I could contact for the title information. I suspect you have something similar.

Most areas have setbacks enforced by bylaw/country offices. A 10' setback wouldn't be uncommon. If there is a 10' setback, you couldn't build there regardless of the easement.

Thanks, I have the survey which shows the easement at 10' and a 25' setback which I was told by the HOA is a limit for "Main buildings" which seems to be defined as buildings in which people live in. The HOA folks say I can build a garage right up to the easement though.

 

[jives]

Your health dept will give the setback from septic/leach fields/drain fields. In our case it was 20' from the end of the closest septic perforated drain pipe. I had to locate the pipe position from the plans, though the location was easily corroborated by examining the ground above the leach field. Distribution box was where no grass grew, and the areas above the pipes had different grass color.

 

[ForceFed70]

Thanks, I have the survey which shows the easement at 10' and a 25' setback which I was told by the HOA is a limit for "Main buildings" which seems to be defined as buildings in which people live in. The HOA folks say I can build a garage right up to the easement though.

Good. Might be good to check with the township however. In Canada, the HOA doesn't trump township/bylaw. They impose rules in addition to the rules that the township enforces. While the HOA may be willing to let you build within 10' (up to the easement) township will likely specify their own setbacks that may end up being further back. I suspect similar arrangement in US tho it's unlikely their setback would be greater than 10' anyway.

 

[K'ledgeBldr]

As a general rule, you can build right up to the easement line. And your info on replacement is basically correct- if for whatever reason, anyone/entity had to do work they don't have to replace anything that is in their way "within" the easement. I built in a few master planned communities that had utility and "access" easements- I had one lot that had an easement the buyer wanted to do a fence. I told them there's really no problem as long as you have the fence installer build the fence in such a way that it can be easily removed and replaced after the access is terminated- not so easily accomplished with a building!

Another thing to keep in mind- where is the secondary location for the leach field? I've built in a few counties here in GA that stipulate no accessory buildings can be built in the secondary field location. Think about it? if your current field was to go kaput- where would you put in a new field?

 

[Cuda416]

Your health dept will give the setback from septic/leach fields/drain fields. In our case it was 20' from the end of the closest septic perforated drain pipe. I had to locate the pipe position from the plans, though the location was easily corroborated by examining the ground above the leach field. Distribution box was where no grass grew, and the areas above the pipes had different grass color.

Thanks, I just called them at the recommendation of the city building folks. The guy I spoke to says I need to stay away 10 feet from the septic (TX at large is 5, but Medina county adds another 5. That's where my poles can go so that should work out great.

 

[Cuda416]

Good. Might be good to check with the township however. In Canada, the HOA doesn't trump township/bylaw. They impose rules in addition to the rules that the township enforces. While the HOA may be willing to let you build within 10' (up to the easement) township will likely specify their own setbacks that may end up being further back. I suspect similar arrangement in US tho it's unlikely their setback would be greater than 10' anyway.

I double checked with the city on two things.

1. No permits required; check
2. Setbacks are set by deed restrictions (HOA); check

I think as long as the HOA (minimal here) gives a stamp of approval, I'll be good to go. Thanks!

 

[Cuda416]

As a general rule, you can build right up to the easement line. And your info on replacement is basically correct- if for whatever reason, anyone/entity had to do work they don't have to replace anything that is in their way "within" the easement. I built in a few master planned communities that had utility and "access" easements- I had one lot that had an easement the buyer wanted to do a fence. I told them there's really no problem as long as you have the fence installer build the fence in such a way that it can be easily removed and replaced after the access is terminated- not so easily accomplished with a building!

Another thing to keep in mind- where is the secondary location for the leach field? I've built in a few counties here in GA that stipulate no accessory buildings can be built in the secondary field location. Think about it? if your current field was to go kaput- where would you put in a new field?

I have to admit, I've never considered a secondary site. I've never actually had a septic system of any sort before. The current one is 10 years old and just passed inspection. Admittedly I think all that means for the leach field is that it wasn't flooded and smelling like a freshly fertilized pasture.

 

[6768rogues]

You can legally build right up to the easement, but your overhang might encroach and be a problem. Municipalities handle overhangs differently; some say no while others allow a small encroachment. Around here all the setbacks are at least 10' and often more, so building within a short distance of the lot line is not allowed anyway.
If the leach field stops working, you can dig it out and put in new sand. The soil here is often high in clay content, so sand beds are often necessary anyhow.

 

[ptgarcia]

Keep in mind it's not necessarily your local municipality that makes the rules; it's the owner of the easement, and that can be anyone from the homeowner next door to the US Government and everything in between.

Also, while the Map may show the easements and may call out to whom they are reserved and for what purpose, you need to pull the recorded document to get complete information.

 

[Cuda416]

Keep in mind it's not necessarily your local municipality that makes the rules; it's the owner of the easement, and that can be anyone from the homeowner next door to the US Government and everything in between.

Also, while the Map may show the easements and may call out to whom they are reserved and for what purpose, you need to pull the recorded document to get complete information.

What documents are you referring to, the deed, plat?

Sent from my SM-G920T using Tapatalk

 

[kbs2244]

Get an "as built" lot drawing from the local building/tax office.
Pencil in your plans, with diminutions, and get them approved.
Then you are "legal"

 

[ptgarcia]

What documents are you referring to, the deed, plat?

Sent from my SM-G920T using Tapatalk

The original document of conveyance, probably a deed.

 

[kutukde]

I am getting ready to build a post and frame shop soon but before I start drilling holes for the poles I need to figure exactly where to put the thing.

My property is 188'x350' with a 10' "utility,postal,drainage' easement around the entire perimeter. I just got off the phone with the city folks and they believe because every plot near me has the same cookie cutter easement (they've never seen a "postal" easement, nor have I) that it was done to cover all possibilities. However they were right to remind me that if someone in those departments wants to, they have the right to do what they need include digging up my base material if they need to and won't necessarily put it back the way they found it.

I also have a septic leach field I need to account for on the other side of the proposed building area.

How far should I stay away from either of these "lines"? I was planning on giving myself a few feet of wiggle room for the easement backgrounds line but how much room do i need to give myself between the building and the septic field? is it OK to have the fill material over it, or is any sort of top cover a no no?

I'd like to build as close to the easement as possible without setting myself up for problems later on down the road.

interesting..

 

[tarmy]

Any pointers as to who i would talk to about that?

Title company...or should should have gotten a preliminary title report when you bought the place...it would be listed there under encumbrances...

Get a copy of actual doc and read it...may need to account for roof overhang, construction equipment limitations and things like that...

 

[Falcon67]

I double checked with the city on two things.

1. No permits required; check
2. Setbacks are set by deed restrictions (HOA); check

I think as long as the HOA (minimal here) gives a stamp of approval, I'll be good to go. Thanks!

Should be it. As noted, you can build up to the bare edge of any easement. Nothing should hang over. We're 3' on the back and 5' on the sides. I set my stakes for the forms 6' 4" in from the lot line to allow for a 12" overhang at the gable end and any trim and drip edge. I should be 1 1/2" or so clear. If your inspector is ****, they can and will strike a lot line and drop a plumb bob. That's usually not the case LOL. I did, just in case I got any pushback. Then I moved the fence so nobody can tell where the lines are now anyway. And nobody - inspector, city - ever checked. "Utility" I would respect, the rest may or may not ever come into play but needs to be there unless you could somehow qualify for a variance. With a lot that size, not likely.

 

[Cuda416]

Title company...or should should have gotten a preliminary title report when you bought the place...it would be listed there under encumbrances...

Get a copy of actual doc and read it...may need to account for roof overhang, construction equipment limitations and things like that...

Ahh of course, thanks

 

[Cuda416]

Should be it. As noted, you can build up to the bare edge of any easement. Nothing should hang over. We're 3' on the back and 5' on the sides. I set my stakes for the forms 6' 4" in from the lot line to allow for a 12" overhang at the gable end and any trim and drip edge. I should be 1 1/2" or so clear. If your inspector is ****, they can and will strike a lot line and drop a plumb bob. That's usually not the case LOL. I did, just in case I got any pushback. Then I moved the fence so nobody can tell where the lines are now anyway. And nobody - inspector, city - ever checked. "Utility" I would respect, the rest may or may not ever come into play but needs to be there unless you could somehow qualify for a variance. With a lot that size, not likely.

Thanks Falcon67, all good advice as usual from this site.