Expert: Roger Zona - 5/5/2009

Question
i want to build a open carport but city said i need to get letters of permission from all utility co. because carport will be 5 ft into the easement where utility lines are, i contacted electric,water cable,at&t.
cable wants 65.00 for a letter but they do not have wire in the easement, at&t 300.00. open carport with 4 post and they will not hit any wires
do you think i need a lawyer,the easement is into my property line.

Answer
Hello Sal,

I don't know where you're located, but every state, county, township, city, etc. have different building code and zoning requirements.

Easements are designated rights-of-way for various utility companies.  Sometimes each company will determine their own needs and other times a "common" easement is established to allow the usual utilities to access your property.  This includes watermains, sewer drainage, storm water drainage, electrical lines, gas lines, cable and telephone lines.  Sometimes the easements cover "in-ground" as well as overhead.

For example, where I live, I am allowed to construct or plant within the easement area but - if one or more of the utilities need to install or repair a line within the easement, they have the right to rip up my landscaping, sod, irrigation lines and any building, fence or structure that infringes within the easement.  Sometimes it can be a huge pain (you know where) but usually its just monitored.

Don't confuse easements with set-backs. In fact, an easement is usually within the setback (the area designated as a front, sides and rear property that cannot be used for permanent structures without approval by all the governing agencies for zoning, etc.  Exceptions must be applied for and passed on by department heads, attorneys and commissioners.  A long and tedious process.

Another option I have is an organization that will send a representative to my building site and determine where any and all services (electric, telephone, cable, etc.) are and if they are in potential jeopardy if construction is allowed.  This is a free service and is known by many names.  Ours is "Sunshine" locators.

I have never paid for a letter and am very surprised to hear that you were required to produce such a letter.  You said the city made this requirement.  Have you discussed this with the building official?  If there is a "locator" in your area, will a report from them be adequate?  It seems extreme to have to hire an attorney but there are times when they earn their fee!  If you do hire an attorney, be sure he has experience with this type of problem.  He would know the answer and process immediately if this is a normal problem.

I hope my response has been helpful.

Roger