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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40131
Experience:  Texas Attorney for 30 years dealing in real estate
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Our property has an easement on it utility company. My

Customer Question

Our property has an easement on it for a utility company. My question is about our overhang. The overhang is in the easement. The permanent foundation is not in the easement. Is this acceptable?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Ray replied 12 months ago.

Hi and welcome to Ja. Ray here to help you today.

No its an enroachment onto the easement here.It would restrict the utility from making use of the easement.As long as nobody complains here you are fine, when you go to sell here you may have problems.You might contact utility to see if they would grant a variance since the building is in place.But overall t his was a construction error, it should not have been built into the utility easement here, it may cause problems down the road.You need to contact the utility to see what you can work here legally so you don't have to move the structure.But it is a potential problem since you are encroaching onto the easement.

I appreciate the chance to help you today.Thanks again.