Utility Easements and IG Pool

[Gladius Nova]

Just had our bubble burst on a "planned" IG pool when we received the plot map of the new home we just closed on Friday. Have a CATV easement extended out 10' from back of property that goes through the middle of the backyard. I think we would've reconsidered this house if we knew this beforehand (nice house though). And we didn't even think to ask.

Question for the experts here. Do they usually grant permission to have at least part of the pool decking extend over the easement with some type of waiver, or are we basically out of luck? Our HOAs in this area are pretty strict, but lots of homes in the area have IG pools so it makes me wonder.

 

[smittyingatorcountry]

I had a potential easement issue on my property. The Survey showed a 10 ft. rear easement, however it was only 5ft (5ft on my side and 5ft on my rear neighbors property), luckily for us the Survey was incorrect and was redone to show the correct easement. Before I figured out the easement was wrong I started the process of requesting the utilities that had use of the easement to vacate such easement. Basically, I had to write a letter to each utility which had use of the easement requesting that they vacate, 3 of the 4 responded and agreed to vacate. It should be noted that none of the utilities were using the easement. If there are cable lines running through the easement you may consider using an attorney to request the vacate, since the lines would need to be moved and the utility would have to agree to vacate. good luck that may be a difficult issue to fix.

 

[Poolbella]

It isn’t your HOA who determines the easement, it’s the actual utility as smitty said. We have 4 different ones in our yard, and the easement is 7 ft in the back, and 5 ft down the sides, so I’m not sure that only the tv would require 10 ft. I agree about getting it double checked. Our PB required us to get the official survey before they’d even start a design.

The PB we are going with won’t even try to build into the easement. But we can put non-permanent hardscape in the easement, it just has to be easily removable if the utility company needs to come in and do work. And we have had them come in and tear up our yard before, so it does really happen.

 

[Gladius Nova]

I meant the HOA is just "part" of it. Which they would need an official plot/plat map to do the initial scope. I understand the utility company is the shared "owner" of that easement. But like I said, the map only states CATV. We will see how this plans out. We already have set our minds up for disappointment and building a somewhat smaller pool if need be.

 

[sktn77a]

Question for the experts here. Do they usually grant permission to have at least part of the pool decking extend over the easement with some type of waiver, or are we basically out of luck? Our HOAs in this area are pretty strict, but lots of homes in the area have IG pools so it makes me wonder.

I don't think a utility easement issue has anything to do with the HOA. And the easement holder has zero incentive vacate! Or rare occasions, if an easement was encroached unknowingly and the encroachment is small, they may grant an after-the-fact waiver under the encroached area (maybe a foot) but that's about it. Can you redesign the pool plot to avaoid the easement?

 

[Gladius Nova]

I don't think a utility easement issue has anything to do with the HOA. And the easement holder has zero incentive vacate! Or rare occasions, if an easement was encroached unknowingly and the encroachment is small, they may grant an after-the-fact waiver under the encroached area (maybe a foot) but that's about it. Can you redesign the pool plot to avaoid the easement?

See my reply above.
I'm sure when once we start interviewing PBs, most will be able to design a plan. Will be smaller than what we wanted, but this will be just be a lounging/floating pool with a tanning deck for my wife. Probably only around 5' deep (deep end). We don't want a spa.

 

[tldude876]

We ran into a similar issue when we built. We chose the lot specifically because it was one of the largest available. When we decided to get quotes from pool builders, it was brought to my attention that we have a 10 ft build line in the back. To make matters worse, we built a one story which has a huge footprint. We were able to find a design we liked and the dig starts tomorrow. What's the distance from the back of your house to the fence?

 

[Gladius Nova]

We ran into a similar issue when we built. We chose the lot specifically because it was one of the largest available. When we decided to get quotes from pool builders, it was brought to my attention that we have a 10 ft build line in the back. To make matters worse, we built a one story which has a huge footprint. We were able to find a design we liked and the dig starts tomorrow. What's the distance from the back of your house to the fence?

About 30' (don't know the exact measurements), but we don't want it directly in the back of the house, we wanted it in the left corner with most of it going down the side of the house (there is enough room and majority of the sunlight). We have trees and grass space for the dog we would like to keep directly out the back door/patio.