Houston_423 Posted July 4, 2017 Share Posted July 4, 2017 Hi! I own a small patio home (<1,500 sq-ft) with no yard and would love to add some outdoor space to it. It is a two story with the 2-car garage occupying the full front of the house facing the street. I have my own driveway which also fits two cars. The house is in Cottage Grove (Heights area). My survey shows that there is a utility easement on my driveway (Labeled "15' PVT. COM. GRD. U.E" in the survey image). My idea is to build a patio/terrace extending from the 2nd floor above the driveway area sitting on 4 posts. Approximate size would be 12x16 (12' depth and 16 width). The first two posts (#1 and #2 in the altered image) would be outside the easement area. Posts #3 and #4 would be within the easement and the majority of the terrace will be ABOVE the easement area (approximately 12' above it). My first question is, can I get this approved by the city? If not, do you think there is a way to build the terrace without studs #3 and #4 so that no physical structure is in the easement? My 2nd questions is: If there is an engineering solution that allows me to build the terrace without posts #3 and #4, will a terrace that hovers many feet above an easement be allowed? My last question is, if this is not allowed under current code, is there any legal route for me to request this and maybe be granted some type of exception? In the 13+ years of living in this house, this easement was never used. My driveway sits on top of it so I would have known if they ever used it. Thank you for any guidance you can provide! Link to comment Share on other sites More sharing options...
Ross Posted July 4, 2017 Share Posted July 4, 2017 You could build it, but be forced to remove it if one of the parties that was granted the easement decides to start using it. You may also run afoul of setback requirements. I would also question if you can build something that wide without a center support. Link to comment Share on other sites More sharing options...
jdkamerer Posted July 4, 2017 Share Posted July 4, 2017 You need to read the easement agreement, the easement is typically below and above ground to the sky. Underground utility (electric and/or communications) easements typically preclude "structure" within the easement, thus anything hanging over the easement may hinder the utility company to gain direct access in case of an emergency or repair to the line below ground. In terms of can "it" be done, pretty much everything can be engineered, just depends on how much you are willing to spend. Link to comment Share on other sites More sharing options...
UtterlyUrban Posted July 4, 2017 Share Posted July 4, 2017 I guess I don't understand. I can see that there is an easement running along the street. It doesn't look like you are building over that. The part I don't understand is that you are saying that there is an easement under the entire driveway? That doesn't make sense to me. It seems that there is no easement on either side of the driveway. I must not be reading this plan correctly (doesn't surprise me, might as well be Greek). Sorry that I can't help except to say: "are you reading this correctly?" Link to comment Share on other sites More sharing options...
Ross Posted July 4, 2017 Share Posted July 4, 2017 UU, the easement runs 15 feet from the front of the lot to near the garage. The dashed line indicates the extent of the easement. Link to comment Share on other sites More sharing options...
UtterlyUrban Posted July 4, 2017 Share Posted July 4, 2017 56 minutes ago, Ross said: UU, the easement runs 15 feet from the front of the lot to near the garage. The dashed line indicates the extent of the easement. I see that now after your explanation. Thank you. Link to comment Share on other sites More sharing options...
Houston_423 Posted July 4, 2017 Author Share Posted July 4, 2017 2 hours ago, jdkamerer said: You need to read the easement agreement I would love to. Where can I get my hands on it? Do I need a visit to the city? Also, is it normal for a driveway to be on top of an easement? Link to comment Share on other sites More sharing options...
Ross Posted July 5, 2017 Share Posted July 5, 2017 27 minutes ago, Houston_423 said: I would love to. Where can I get my hands on it? Do I need a visit to the city? Also, is it normal for a driveway to be on top of an easement? It is not uncommon to have your driveway over an easement. The City won't be able to tell you anything about easements, they are recorded with the County Clerk. The search site for real property filings is http://www.cclerk.hctx.net/applications/websearch/RP.aspx Go to that page, and enter your builder as the grantor, then put EASMT in the instrument type, and then enter Cottage Grove, or whatever your official subdivision is, in the subdivision box. When you click search, you should get a list of easement documents. If you click on the link to the far right, you will get a new tab where you can register, then view the document. In a perfect world, you should have received a copy of the easement when you closed on the house. I know we did when we bought a Perry Homes townhous ein Midtown - we had to sign an acknowledgement that we received a copy. Link to comment Share on other sites More sharing options...
Houston_423 Posted July 6, 2017 Author Share Posted July 6, 2017 Ross, the search could not find the document although it found many others but not my lot so I made a trip to the clerk's office today, paid $2 for a paper copy and here is what I got. It is only signed by my builder. The document states that objects installed should remain "free of ... parts thereof of other structures that endanger or interfere with the efficiency, safe and proper operation of said public and private utility services." Should I talk to a lawyer to prove that a structure 12 feet above ground will not interfere with such or do you think this is fruitless? Link to comment Share on other sites More sharing options...
Ross Posted July 6, 2017 Share Posted July 6, 2017 I would talk to a lawyer, but I wouldn't be surprised if the verdict is that your support posts interfere with the easement. But, you never know until you ask. And before you spend a few thousand on a deck, it would be worth spending a hundred or two on some advice. Link to comment Share on other sites More sharing options...
Houston_423 Posted July 7, 2017 Author Share Posted July 7, 2017 I just got a GIS software installed and downloaded the latest easement map data from the HCAD web site: Strangely, there is nothing labeled on that map for my street. From your experience, do such easements get removed by the city or clerk's office? I am attaching a City Of Houston zoom level and a Cottage Grove level. Link to comment Share on other sites More sharing options...
Ross Posted July 7, 2017 Share Posted July 7, 2017 I've seen easements in the block book maps at the Harris County Tax Office website. Use this link https://www.hctax.net/Property/Resources the click on Block Book Maps, then search by your HCAD account number to get the image of the block book map. If it doesn't have the easement on it, you will have to talk to HCAD to see if they have the info. Or the City. Link to comment Share on other sites More sharing options...
Houston_423 Posted July 7, 2017 Author Share Posted July 7, 2017 This is what I got http://books.tax.hctx.net/BlockBooksPDF/v010/002584.pdf A few minutes ago I found "Guidelines for Requesting an Easement Reverter" here: https://edocs.publicworks.houstontx.gov/all-documents/engineering-and-construction/easement-reverter-procedure/4753-easement-reverter-guidelines/file.html And already sent them an email to: UAS@houstontx.gov If they respond, I will share what they tell me. Thank you, sir! Link to comment Share on other sites More sharing options...
mollusk Posted July 7, 2017 Share Posted July 7, 2017 This Is Not A Legal Opinion. However, if the easement dedication prohibits "bushes, trees, and parts thereof" (not to mention the "other structures" mentioned in the next breath), it sounds like building a patio/terrace/balcony wouldn't be a good idea. It would also be worthwhile to see what the building line restrictions are. Link to comment Share on other sites More sharing options...
Houston_423 Posted July 7, 2017 Author Share Posted July 7, 2017 Yes, mollusk, I agree. That's why I am now thinking the re-plat/reverter route. By the way, @Ross, when I go here and use "DED" in the "Instrument Type" field, I am able to find my document. http://www.cclerk.hctx.net/applications/websearch/RP.aspx Link to comment Share on other sites More sharing options...
Ross Posted July 7, 2017 Share Posted July 7, 2017 Interesting on the document type. I am not too surptised, since document management systems are very dependent on humans for correct classification. Good luck with your plan! Link to comment Share on other sites More sharing options...
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