Houston_423

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

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! 

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.

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? 

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? 

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!