I have a 14 foot utility easement in the back of my lot that I am about to close on. I understand I am not supposed to build on it, but curious if others have done this before.

Ideally, I would like to use a portion of it for a concrete slab for basketball. Most of it would be out of the easement, with only an extension laying on top of about 7 foot of it. I figure that way, when/if they need to dig, I am only losing the extension.

Would I be subject to fines or anything? Is this a horrible idea? Please be gentle, I am not even thinking about doing this for another year or so.

Personally, I would not think about the easement for anything permanent. Think of it as trespassing on the utility property.

Someone else can probably comment on the fines, if any.

http://www.centerpointenergy.com/staticfiles/CNP/Common/SiteAssets/doc/Release%20of%20Easement.pdf


[This message has been edited by kansas02gt (edited 5/19/2014 12:25p).]

Check the survey, many times it's an aerial easement.

Several homeowners along Beechnut had experience with this a few years ago. It was all well and good for years when no one said anything or seemed to notice until one day Centerpoint came along and forced them to remove all the permanent structures at the homeowners' expense.

Best to avoid any encroachment and just enjoy the extra yard space.

Thanks for the replies.

So, on the survey, it will be clearly marked whether it is aerial or other?

they probably can't fine you, but can force you to remove it. what is the utility? You might be able to execute some sort of encroachment agreement with them if your slab doesn't impede their access too much

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So, on the survey, it will be clearly marked whether it is aerial or other?

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Yes. It should be marked "AE" for aerial or "UE" for surface utility.

If you have an HOA, they will likely not approve any plans that show the slab on an underground easment. Just leave that part off your permit application and have your contractor install it anyways.

I wouldn't have any reservations about building a slab on an easment becasue the chances of them needing to dig it up are slim. I don't think you can be fined for it.

Not necessarily a terrible idea, but it does involve risk. I've seen various utility companies handle encroachments in different ways from leaving construction machinery parked on the easement for weeks to resodding after they were done even when they were under no obligation to do so.

A structure is one thing, but a slab is going to be much easier for the easment owner to deal with. Definitely find out who owns the easement and give them a call to tell them about your plan. I think most will tell you that they have the right to demolish anything in their way and that they will do so. My clients usually will give notice to the property owner that a project will start on a certain day and that any fences, trees, or sheds not removed by that time will be flattened with the bulldozer and hauled off. Don't think they charge the property owner but I'm not sure.

If your extension has a joint on the easement line, that would make it easy for the utility to do their work. If the utilities in the easemnet only serve your neighborhood and it is built-out, they usually don't need in the back-of-lot easement.

As a sidenote, I'm about to extend my sidewalk across the utility easement in my back yard. I'm using pavers since they can be taken out easily. Don't know if that's an option for you.

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Definitely find out who owns the easement and give them a call to tell them about your plan.

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I can predict how this call will go. You call them up and get the run around and the 10th time you call they tell you to leave a message for someone. They never call you back.

Read the easement. They can't fine you for sure, but the easement might forbid building permanent structures, a provision they could probably enforce against you in court. Even general maintenance type provisions might be construed as not allowing a permanent structure. I agree that it's probably best to avoid this.

Pavers

If you call them and they say no, going ahead with your plan is not your best idea.


And, pavers.

It's you're property but it's their easement. If they ever need to come on your property to do work they can remove whatever structure is in their easement if required and not have to replace it.

I think you'll have more problems from your HOA if they find out you built something "improperly" in your backyard than you would from Centerpoint. Unless you live in a really old subdivision that has a sanitary sewer in the backyard, the chances of anybody having to work in the easement and removing a slab are pretty slim. Having said that, I would defintely never build a structure like a building within their easement.

Agree to read and understand the easement but your situation will be generally unique to the properties of that easement. 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.

Asphalt may be another option in the easement or a removable outdoor flooring surface.

Your contractor will have to do a one-call so the operator will find out. Best to talk to them ahead of time. Chances are you will get nowhere and will be left with 7' missing from your court. You won't be able to sneak it on and hope they don't notice though.

Removsble platform would be the best option.