Easement question

[bobbaganoosh]

I am building a new home on a one acre lot.

There is a 8 ft utility easement on the back property and a 5 ft utility easement on my neighbors lot that ends at the property line (i.e. the easement is on his side but ends at the property line with mine).

The amending plat states: "dedicate for public utility purposes an unobstructed aerial easement 5 feet in width from a plane 20 feet above the ground level upward, located adjacent to all public utility easements shown herein."

Does anyone have any input as to what this means in terms of limitations for constructing a building on my property? Does this mean nothing can be built within five feet of the easements? Or anything built adjacent to the easement has to be less than 20 feet?

Going to make some calls tomorrow but thought I'd get some green screen knowledge first.

Thanks in advance.

[mikemorvan]

Sounds like an easement 5' wide at ground level,that extends up 20' in the air. I would guess to maybe run an overhead power line or some such. Research definitely warranted.

[kc5rkg]

Sounds like you have a 8' wide easement on the ground, then starting at 20' above ground it extends out another 5'. We deal with these all the time on subdivision plats at my work. The aerial easements are typically for overhead power lines and account for the "T" head on the poles. They typically place the pole within the ground easement, but the aerial easement accounts for the wider top where the wires are strung.

Based on the plat language, you can build something within the 5' aerial easement as long as it does not exceed 20' in height in your case. If you want to be extra safe, hold 13' off your property line.

[Killer]

Sounds like you have a 8' wide easement on the ground, then starting at 20' above ground it extends out another 5'. We deal with these all the time on subdivision plats at my work. The aerial easements are typically for overhead power lines and account for the "T" head on the poles. They typically place the pole within the ground easement, but the aerial easement accounts for the wider top where the wires are strung.

Based on the plat language, you can build something within the 5' aerial easement as long as it does not exceed 20' in height in your case. If you want to be extra safe, hold 13' off your property line.

Thats how i read it too

[batmaninja]

Keep in mind that there are building codes for how far equipment will need to be from power lines. So if you will be using things like a scaffold while building, the edge of the scaffold will need to be X feet from the power line. But yea, that is pretty standard language.

[bowsticker]

Sounds like you have a 8' wide easement on the ground, then starting at 20' above ground it extends out another 5'. We deal with these all the time on subdivision plats at my work. The aerial easements are typically for overhead power lines and account for the "T" head on the poles. They typically place the pole within the ground easement, but the aerial easement accounts for the wider top where the wires are strung.

Based on the plat language, you can build something within the 5' aerial easement as long as it does not exceed 20' in height in your case. If you want to be extra safe, hold 13' off your property line.

I work for an Electric Cooperative and this is pretty spot on.....You might want to look at NESC and NEC Codes to make sure that you are in total compliance.

[meltingfeather]

Sounds like you have a 8' wide easement on the ground, then starting at 20' above ground it extends out another 5'. We deal with these all the time on subdivision plats at my work. The aerial easements are typically for overhead power lines and account for the "T" head on the poles. They typically place the pole within the ground easement, but the aerial easement accounts for the wider top where the wires are strung.

Based on the plat language, you can build something within the 5' aerial easement as long as it does not exceed 20' in height in your case. If you want to be extra safe, hold 13' off your property line.

^^this, although what exactly you can and can't do in the easement there isn't enough information here to tell. Generally you can do anything that doesn't interfere with utility use of the easement.

I can't see it practically affecting you... since I can't imagine any reason you would want to build that close to your property line anyway.

[Twist]

The Aerial Easement begins where the utility easement end, extends 5' further into the property from the end of the U.E and it begins at a plane 20' above the ground.

You can actually still build in the area of the Aerial Easement as long as the structure doesn't extend upward 20' or more above the ground, otherwise it would be considered as an encroachment and you'd have to obtain a variance from all utility companies that have rights to that easement.