Pool Encroaches Into Utility Easement

[TforTx]

We had a pool built about 15 years ago and, at the time, we agreed that the decking could enrcroach into the utility easement. During a survey done in 2003, it shows that the actual pool encroaches 8" x 6" or so in two places ( it's a freeform pool). I failed to notice the pool encroached.

Now, due to separation, we are selling the house. We have a contract on it. I filled a consent to encroach with Centerpoint and based on conversations with them, was hopeful that the pool encroachment (but not the decking) would be approved. I just found out that it is being denied based on the pool encroachment.

Obviously, this is a bad. Does anyone have any expericence with what options one has with this issue arises?. The pool company who built the pool is still around.

[BryanS]

You need a current survey that shows the pool, the easement, and the encroachment. The buyer needs to be made aware of this situation. The title company agent will ensure that this is presented and known to the buyer at closing. But... you may want to put it in the disclosure ahead of time.

My house, similar story. The owners, in 1980, put in a hot tub in the backyard, over a utility easement (encroached 12" to 18"). They really couldn't put it anywhere else. Anyway, this was all documented on the survey and I was told that if the utility company ever needed to dig... the hot tub would have to go.

OK. Whatever. The way I look at it... it's been there for 29 years. No problems. And if has to go... well... it was a solider for 29 years, proudly serving its owners. It's worth, maybe, $300. I won't cry over that. But I will cry if I ever lose the original manuals for it. It has a pencil sketch of a long-haired woman... and man... together... enjoying the paradise that only a hot tub of that era could provide. I simply substitute a man in lieu of a woman, today (no long hair though). It still works... after all these years...

[TforTx]

The survey done in 2003 clearly showed the encroachment, so all parties were aware. We couldn't get this resolved prior to closing so the buyers bailed. I now have a denial letter in hand from Centerpoint...so...what comes to mind is that removing the portion of the pool over the easement is the way to go. Guess we'll talk to the pool builder and hopefully can come to some sort of resolution.