Can you concrete over easement

The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories. Home Insights Insights February Can you build over or under an easement? Brendan Maier Property. In brief — "Substantial" or "material" interference with easement is key test Normally an easement will not prevent you from building over or under it. What if there is an easement over your property?

Interpreting the easement The terms of the easement are paramount in most cases. Does your proposed work cause material interference? A particular act may be a substantial interference or not, depending on the circumstances. Easement can be suspended by an environmental planning instrument You should also consider whether the operation of the easement burdening your property has been suspended by an environmental planning instrument.

Section 28 of the EPA Act 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. Examine the scope of the easement carefully If an easement burdens the property you propose to develop, examine the scope of the easement and assess whether your proposed work will cause a material interference with the enjoyment of the easement.

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Develop and improve products. List of Partners vendors. Tip Always check with your local municipality to ensure your plans to build on a property easement don't infringe upon any necessary access points or property borders. Featured Video. Related Topics. Building Projects.

Article Sources. The Spruce uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. Re: Concrete over easement. You can concrete ove an easement providing you get approval from the appropriate authorities ie who owns the services.

Although it rarely happens, just remember that they have the right to remove anything built over the easement if they need to work on the services. My parents have concrete over an easement for the past 30 years and its never been worked on. We had a "proposed" easement from the local water authority on our block. We were told we could concrete over it but it would be at our cost to rip it up and replace it should they need to access it.

Needless to say we had the easement extinguished instead since it had never been put into use and was still only "proposed". Thanks jbdave What about if you just put down some crushed rock surley you wouldnt need a permit for that. We have a easement over our block near the back and it has a area 1. Encasing it costs money not sure how much. You would have to ecase it if you want to put concrete over it. Related General Discussion.