HOUSTON – Utility easements are a common but often overlooked aspect of homeownership. If you’ve ever purchased property, you should have received a survey that outlines these easements. For some homeowners, like one in a recent case, this information can be critical—especially when unexpected issues arise.
In this particular case, a homeowner faced an issue with a collapsed manhole located just behind their garage. While this situation may not be unique to every neighborhood, the problem is one that homeowners, nearly everywhere, could potentially face. The situation highlights a larger concern that property owners need to be aware of: utility easements.
What Are Utility Easements?
Nearly every property has utility easements, often a strip of land, typically 3 to 5 feet wide, typically running either the length or width of the property. These easements allow utility companies and their contractors the right to access and perform maintenance on public utilities like gas lines, water mains, or electrical systems. Importantly, utility companies do not need the property owner’s permission to access or perform work on these areas.
Realtor Michael McSorley, who keeps a close eye on easements for his clients, explained that these easements are often clearly indicated by visible markers, such as gas meters. McSorley notes that if a gas meter is present, it’s a good indication of an easement running from the meter to the property line and potentially even behind it.
The Consequences of Overstepping
While utility companies have the legal right to access and maintain the equipment within these easements, it’s important for homeowners to understand the limits. In the case of Anna Eaves, a city contractor fixed a collapsed manhole located within her easement but left significant damage in its wake. The damage to her fence and brickwork was left unaddressed, and Eaves was left wondering about her rights and the next steps.
By law, utility companies and municipalities are required to return the property to its original condition after conducting any work within an easement. However, in many cases, this doesn’t always happen as expected. In Eaves’ case, after persistent efforts, the city cleaned up the mess left by the contractors, but the damaged fence had yet to be repaired.
The Risk of Permanent Structures
One of the biggest risks for homeowners is building permanent structures within an easement, such as sheds, decks, or other permanent additions. If utility companies need to access the easement for repairs or maintenance, they have the legal right to tear down these structures without any obligation to repair or replace them. McSorley warns that anything built in this area could be destroyed without notice or compensation.
Key Takeaways
There is still considerable gray area when it comes to easements, but there are some essential takeaways for homeowners:
- Do not build permanent structures over easements.
- Utility workers have a right to access easements on your property as part of their legal duties.
- Always be aware of where easements are located on your property.
By keeping these points in mind, homeowners can avoid potential conflicts with utility companies and better understand their rights and responsibilities regarding easements.
