Utility Easment Variance (Houston, Katy, Richmond: sales, real estate, HOA) - Texas (TX) - City-Data Forum

iiroberts · 07-02-2009, 09:36 PM

Help, per survey builder encrothed by 1 foot on corner of house the utility easment. Said he was getting a variance from Centerpoint and that is all he has to do. Does that sound right? Comcast and AT&T are under the slab but they are outside of the easment so if there is a problem they are responsible for moving. I think I need a real estate attorney to not get screwed. What do you think?

iiroberts · 07-02-2009, 09:42 PM

Due to close in 1 month and we have 60 days to get out of our currently sold house. Some people say title co and mortgage company will make sure everything is in order before they will close. But it is the homebuilders title and mortgage co. But then attorney wants to charge 600 just to review the contracts and 250 hr to make phone calls to see what is going on? I could see this going into thousands. And if the title company is looking out for my intersts should I trust them? I think I want an independant one.

HookTheBrotherUp · 07-02-2009, 11:28 PM

Of the jurisdiction you are in, the will have a planning/permit department and they can/should be able to shed some light. I live in Katy proper, and I went to them with a question a few years ago, and they not only answered my questions, but printed out a copy of the city code. They were very easy to work with and even offered to send out an engineer to validate/okay my issue.

iiroberts · 07-03-2009, 09:42 AM

we are in Long Meadow Farms off Grand Parkway and 99. Has Richmond address but not in city limits. Per Map looks like we are in Houston ETJ. Asked builder and they said they weren't sure. Richmond has no planning and zoning. and Houston ETJ. Found this link and thought I would start here Monday. Welcome to the City of Houston Planning and Development Department (http://www.houstontx.gov/planning/DevelopmentRegs/dev_regs_links.htm - broken link)

But did you have to get a varaince from HOA and also Mud district?

RCH99 · 07-03-2009, 10:06 AM

Your builder should of known that he was encroaching as soon as he received the form survey, prior to placing the slab. Without knowing what he actually means by stating that he's "getting a variance" from Centerpoint, it's hard to say what problems this might cause you. I do know that several years ago, CenterPoint notified ALL builders and made it crystal clear that they would no longer simply grant variances to encroach their easements ( ground or aerial ) due to superintendent error, or homes that don't fit. They still made it possible if absolutely necessary, with a "first time" fee of $5,000.00. They went on to state that if the builder needed a subsequent variance at all, the fee was $10,000.00. I am assuming that this policy is still in effect.

As a side note, if the Comcast and AT&T facilities are in fact passing under the slab because the slab is placed all the way to the easement ( and they are if fact slightly out of the easement proper ), it would be in the builders best interest to insure that the slab make-up crew didn't already damage them. Most grade beams are deeper than the depth utilities are buried.

You have legitimate concerns that should be addressed now and not the day before you close, for sure. I would start with the VP of construction and not with the superintendent or sales counselor.

My .02.

iiroberts · 07-03-2009, 09:58 PM

I would think any damage by the slab to the AT&T and Comcast would have shown up months ago. The slab was poured in March and sat for a month while they came to an aggreement with Centerpoint so I am told.

RCH99 · 07-03-2009, 10:37 PM

I was just going by the limited info you provided. If your builder will be or has been granted a variance by CenterPoint, that's great. The title company can probably advise you on how they will officially record that information, so that it will show up when and if you ever try to sell the home.

There still isn't anything that cool about having Comcast and AT@T property underneath your slab.

rigas · 07-04-2009, 06:56 AM

Quote:

Originally Posted by iiroberts

I would think any damage by the slab to the AT&T and Comcast would have shown up months ago. The slab was poured in March and sat for a month while they came to an aggreement with Centerpoint so I am told.

if the variance has already been granted then you are golden. it will be an issue every time the house is sold as people freak out but it is not a big deal really.

i wonder who the builder is? ryland? village? ashton woods? two of them have concrete companies i could see doing this, the 2 companies they have been using are ALWAYS in a hurry. they "blow through" things so fast some times i am amazed they dont have more problems. rylands people are a little better. village does things "piece meal" which would put the blame on a builder super that is more then likely not used to doing concrete and doesnt know any better.

the company ashton uses will do everything he can to "cheat the system" without ACTUALLY doing anything wrong (if that makes any since)

HookTheBrotherUp · 07-04-2009, 09:44 AM

If you were given a positive just to make the sale complete, I'd be concerned.

iiroberts · 07-04-2009, 08:40 PM

It is ryland. I think they did the concrete before they did the survey. That was the problem. I didn't realize they were suposed to do it with just the form. The surveyor was the one who dicovered this. I really appreciate all thsi response it at least gives me more knowledge than I had before. My plans for Monday is to talk to Houston ETJ planning and zoning and follow what they tell me is required. Then I will talk to the title co to see how it will be recorded I never thoguth of that but of course the title co is a ryland owned title co. Then I am going to get a copy of the survey, which I have never seen, only heard has the problem. If planning and zoning is ok with what Ryland is doing. (I doubt it) I'm sure they want there fee for there varance and my realator feels it is ok, then I will feel better. thanks for all you time. Oh and regardless I am insisting comcast and AT&T be moved. If it came down to it I would not hold up closing if that wasn't done in time, as long as they were agreeing to move it without any problems. But I will refuse if I don't have a varience in writing from Houston EDJ and Centerpoint and I want it before closing to review and possible have an attorney review.