Utility Easement

[Just5Guy]

I have a Sewer Utility Easement at the back end of my yard. I had a fence built and now the man-hole cover is inside the fence. From what I understood, a fence is not considered a permanent structure, therefore it was okay to build it, with the understanding that if access was ever needed, I would provide it, by either allowing the county in to my yard, or by removing a section of fence temporarily so they can work.

Well, today the county was out surveying and the guy said he didn't have an issue with the fence, but said that the county might.

Am I understanding easement regulations right or wrong? Is this going to be a problem for me as to where I will have to move the fence inside where the manhole is?

Any help would be appreciated.

Thanks.

EDIT: It's actually Storm Water Management Easement, not Sewer.

 

[mdram]

you need to read the county regs.

usually nothing should be built in an easement

oh and they don't have to notify you when they do work, they will usually just tear the fence down

 

[lx1x]

you need to read the county regs.

usually nothing should be built in an easement

oh and they don't have to notify you when they do work, they will usually just tear the fence down

Depending on how its written and what is for.

Typically not an issue. They will notify the owner if they need access.


As far as building. As long the structure is not permanent.. ie. Permanent Shed You're gtg.

 

[Just5Guy]

From what I'm reading, I may or may not be screwed. The fence runs along my property line, but the easement is 22 feet wide, 11 feet of which is on my property.

They apparently have to come in and put a concrete bulkhead in so that the neighborhood can be inspected by the county (it's newer). I told the contractor that I have no issue with removing a section of the fence temporarily so they can do what they need to do and he said he doesn't have an issue with it, but that the county might...

 

[Just5Guy]

Talked to a guy here who has the same kind of deal in his backyard, has a storm drain running through it, underground, and has one grate in his yard. He said the county has never said anything about his fence, and that they just show up the day before and leave a note that they will be working in the area, and they just go in to his yard to access it.

I hope I have that kind of luck...

 

[cww]

that is what the carroll county office told me years ago. no PERMANENT structures allowed. if they need access that is not an emergency they will notify you and give you a chance to move said structure. if you do not move it they will - without liability to damage. in case of emergency no notification is required, you just gotta hope the guys doing thew work are cool about being easy on it

 

[Just5Guy]

So I guess since this is not an emergency, and more a planned event for inspection, this may not be a huge issue as long as I don't get an inspector with an attitude...

 

[ohen cepel]

Could you put a gate in for them to use? May keep them happier.

Pretty sure you run a risk of them tearing it down whenever they like though.

 

[Just5Guy]

Could you put a gate in for them to use? May keep them happier.

Pretty sure you run a risk of them tearing it down whenever they like though.

I could, I guess.

I would be more worried about them needing to access it if it were sewage, since it's stormwater management, I'm not real concerned. I've been in this house for over 3 years now, and not once has any one even come out to look at it. The only reason it is even coming up right now is because the builder has been slacking on having final inspection done.

 

[Mooseman]

I wish the OP the best of luck in this situation.

 

[lx1x]

I could, I guess.

I would be more worried about them needing to access it if it were sewage, since it's stormwater management, I'm not real concerned. I've been in this house for over 3 years now, and not once has any one even come out to look at it. The only reason it is even coming up right now is because the builder has been slacking on having final inspection done.

storm water?.. ppft.. unless the engineer really screw it up.. you probably wont see them work on it.

only few occasion the county will check on that make sure no trash has been collecting in the system but they really only check on public roads anyways.

 

[Just5Guy]

storm water?.. ppft.. unless the engineer really screw it up.. you probably wont see them work on it.

only few occasion the county will check on that make sure no trash has been collecting in the system but they really only check on public roads anyways.

Thanks, that's kinda what I was hoping

 

[briwayjones]

I don't think it should be an issue. If they need to get to it they'll access your yard. If they need to do actual work with it and the fence is in the way they'll just remove some of the fence. You'll be responsible for fixing it though.

edit:
Is this an easement that run through your yard? Or is this a major easement that runs along the back of your property and past it on both sides? If this runs along the back of your property and not through it then you shouldn't have built the fence over the easement.

If you trust me with your address I can look up a plat for your property and look at it.

 

[Just5Guy]

This would be on my property and runs through 3 other lots.

 

[Just5Guy]

Update: So it turns out were are about 4 feet over our property line (mis-measured by fence company apparently). The side we are over on is in to a common area, which the contractor says he doesn't care about at all, it's not a big deal.

They are coming out Friday to do some digging, and asked if I could remove 2 sections of my fence temporarily and some plants. I told him no problem whatsoever. He said it will never be an issue unless the county ever needs to get in to do any work, which he says they won't ever need that there.

I guess the only part I am concerned about now is that when the county comes out to inspect the work, are they going to raise an issue? I can't imagine them doing a property line survey to inspect a storm water management area, but I guess I wouldn't put it past them.

 

[lx1x]

4' over? Oh no! Common area with whom? Hoa? Get it moved if I were you.

 

[Just5Guy]

It's a common area owned by the community to do with as we see fit. I informed the HOA, they didn't have an issue. I am now looking at claiming the extra 68 sq. feet it turns out to be, since I have been maintaining the whole area since I moved in. It's not 4 feet the whole way, it's a 17 foot by 4 foot sq. area that I am over the line.

 

[lx1x]

It's a common area owned by the community to do with as we see fit. I informed the HOA, they didn't have an issue. I am now looking at claiming the extra 68 sq. feet it turns out to be, since I have been maintaining the whole area since I moved in. It's not 4 feet the whole way, it's a 17 foot by 4 foot sq. area that I am over the line.

good works out for you.. not so much to others..

been in surveying before.. all we did was help in property disputes..in which.. fences are the typical culprits.

 

[Just5Guy]

good works out for you.. not so much to others..

been in surveying before.. all we did was help in property disputes..in which.. fences are the typical culprits.

I was VERY careful not to go over any lines on the side of my property that borders an actual neighbor. I went through a fence border dispute at my parents house years ago, not fun. The common area at my house, not such a big deal. No one complains because I maintain it so their kids can play on it. I'm not concerned with the neighbors, they all seem really good. I am more concerned with the county conducting a survey, but I just don't see it happening over a storm water management area inspection.

 

[6pack]

If the County doesn't own the open space then I doubt you'll ever have an issue with it. I'm surprised the HOA didn't have an issue with it.

As others have said, you are allowed to build non-permanant structures in easements, but if the county has to do maintenance they have the right to get in there and remove whatever is in their way. It will be your cost to replace it.

I own/operate a land development firm and am happy to answer any questions you might have.