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Ugh, now I'm getting paranoid about buying a house with an easement along the backyard
Oh, don't be. It depends on what type of easement you have. Many of us have easements and don't even realize it. Easements are usually an agreement that you can not stop someone from gaining access to something they have on (usually under) your propertry. Sewer lines, utility lines, street lining trees, etc... Most of these easements exist on a property's perimeter, make perfectly good sense, and repairs usually benefit the homeowner. Sometimes easements simply grant access to your property for a utility company to reach another property or a piece of thier equiptment.
I cautioned the original poster because his easement runs right through the middle of his yard. He won't be able to install a pool, patio, or anything permanent in the yard. I was also concerned that the stormwater the pipe carries dumps off right at the end of his lot. With the way the clay soil doesn't absorb the rain right away, I see a potential problem with standiing water or flooding. There is a reason this house is still for sale. What kind of easement you have?
Location: The place where the road & the sky collide
23,813 posts, read 34,657,307 times
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Quote:
Originally Posted by kja25
Ugh, now I'm getting paranoid about buying a house with an easement along the backyard
Go find the platt maps. Don't assume anything. When you are told no swimming pool, it's for a reason - usually the water table. I would never put a pool in my yard, but I would never buy a house on a property where I was told that I couldn't put a pool because of an easement. It's a flag.
I have seen a creek spring back to life, flowing down the middle of my parents' back yard in heavy rains. Fortunately, it went through the middle of the yard. If it went to the house it could ruin the foundation.
Go find the platt maps. Don't assume anything. When you are told no swimming pool, it's for a reason - usually the water table. I would never put a pool in my yard, but I would never buy a house on a property where I was told that I couldn't put a pool because of an easement. It's a flag.
I have seen a creek spring back to life, flowing down the middle of my parents' back yard in heavy rains. Fortunately, it went through the middle of the yard. If it went to the house it could ruin the foundation.
I think the reason he can't put in a pool is because there is a large pipe carrying storm water from lots on higher ground. The water drains at the end of his lot. If he were to put in an inground pool, he would burst the pipe. An above ground pool or even a patio or F.P. would limit access to this drain should it need repair. The person who has the easement could remove/destroy the pool, patio, swingset, etc... and is not required to repair it .
BTW, I ,too,would never put a pool in a yard and never thought I would buy a home that had one. We bought our home back in November in spite of the pool in the yard and now I'm wondering how we ever lived without one. Never say never.
Thanks for the information. This house and the full sub division is not in the flood plain according to the seller agent.
She told me that I cannot have a pool in there.
Since it is in the center of the yard, I can however have a fence according to her in the whole back yard.
I need to confirm about other restrictions like setting up playground etc...
I am not sure about the HOA rights on this back yard because of this easement. I should specifically ask about that. It looks like a 1 to 2 feet wide easement.
There is currently a thread in the York/Lancaster forum on this very issue. In short, a seller may not honestly know about the flood plain and agents may go by the developers' survey. You can have an elevation done to show where you are exactly or you can look up the FEMA maps for the area (although not specific to one property). Flood insurance is a national program and is usually very cheap unless you live near the coast or in a flood plain. Perhaps the seller has flood insurance? If not, that may also tell you something. Even if this is on top of a hill, the water could flow right to your house.
Location: The place where the road & the sky collide
23,813 posts, read 34,657,307 times
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Quote:
Originally Posted by Doorway
I think the reason he can't put in a pool is because there is a large pipe carrying storm water from lots on higher ground. The water drains at the end of his lot. If he were to put in an inground pool, he would burst the pipe. An above ground pool or even a patio or F.P. would limit access to this drain should it need repair. The person who has the easement could remove/destroy the pool, patio, swingset, etc... and is not required to repair it .
BTW, I ,too,would never put a pool in a yard and never thought I would buy a home that had one. We bought our home back in November in spite of the pool in the yard and now I'm wondering how we ever lived without one. Never say never.
It could be something harmless, like what you are saying, but they need to check maps to see what was there before.
With my parents' property,there was no easement. That was a couple of properties away, but they were told no swimming pool. My parents were the 2nd owners. No one told them anything about any of it except no swimming pool, which they didn't want, anyway.
The rest was found out after the 1st heavy rain, when the creek appeared,
One of the neighbors was there before my parents' house was built. She told us about the easement & where it was & told of watching them fill in the creek bed in what became my parents backyard.. There was a creek a short distance away, that actually went through sewer pipes that went between 2 other properties & re-emerged, at ground level, again, about 3 blocks away.
I just would be more aggressive in checking it out, because water is involved. That's why I'm posting the situation with my parents' property. The easements could be plain & simple, but you just never know unless you really investigate it.
Last edited by southbound_295; 05-21-2008 at 10:20 AM..
Reason: typo
Just to provide an update, there is no underground pipe that runs along the easement or though this home's backyard. There is only underground pipe on the left side of the property and it's outside this home's yard. This pipe collects water and runs them to to the front of the property to connect to the underground drainage system.
Seller who is a one of the national builder does not have a flood insurance as according to the agent their subdivision is not under flood plain.
This home is in the border of NC / SC in union county. Where to get the FEMA or plat maps for this area ? Is there a web site that I can look up ?
Just to provide an update, there is no underground pipe that runs along the easement or though this home's backyard. There is only underground pipe on the left side of the property and it's outside this home's yard. This pipe collects water and runs them to to the front of the property to connect to the underground drainage system.
Seller who is a one of the national builder does not have a flood insurance as according to the agent their subdivision is not under flood plain.
This home is in the border of NC / SC in union county. Where to get the FEMA or plat maps for this area ? Is there a web site that I can look up ?
Oh. Then what ,exactly, is the easment for and who does it grant access to?
Location: The place where the road & the sky collide
23,813 posts, read 34,657,307 times
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Quote:
Originally Posted by jaycharlotte2005
Just to provide an update, there is no underground pipe that runs along the easement or though this home's backyard. There is only underground pipe on the left side of the property and it's outside this home's yard. This pipe collects water and runs them to to the front of the property to connect to the underground drainage system.
Seller who is a one of the national builder does not have a flood insurance as according to the agent their subdivision is not under flood plain.
This home is in the border of NC / SC in union county. Where to get the FEMA or plat maps for this area ? Is there a web site that I can look up ?
I'd contact the local library & ask them if they have the maps. If they don't have them, they should know who has them. I'd leave no stone unturned, for your future peace of mind. If everything checks out & the easement doesn't bother you, go for it. It may limit resale. On the other hand, if anything pops up, run away from it.
Just to provide an update, there is no underground pipe that runs along the easement or though this home's backyard. There is only underground pipe on the left side of the property and it's outside this home's yard. This pipe collects water and runs them to to the front of the property to connect to the underground drainage system.
Seller who is a one of the national builder does not have a flood insurance as according to the agent their subdivision is not under flood plain.
This home is in the border of NC / SC in union county. Where to get the FEMA or plat maps for this area ? Is there a web site that I can look up ?
Jay, the seller should be able to provide you with one. If he is not the first one to build on the property, then he at least has a survey. From that survey, you should be able to get all the info you need to search that area's maps and plats. ( Libre and folio #s)
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It depends on what type of easement you have. Many of us have easements and don't even realize it. Easements are usually an agreement that you can not stop someone from gaining access to something they have on (usually under) your propertry. Sewer lines, utility lines, street lining trees, etc... Most of these easements exist on a property's perimeter, make perfectly good sense, and repairs usually benefit the homeowner. Sometimes easements simply grant access to your property for a utility company to reach another property or a piece of thier equiptment.
Easement and Flooding
