Easments and setbacks

Perhaps the two main restrictions on a home site that define a building envelop are easements and setbacks. Lets take a quick look at these two terms. An easement can be similar in effect to a setback, but has very different rules and consequences. An easement is typically put into place to maintain, provide access to, hold space for future expansion or to generally accommodate services such as a sewer, gas lines, power lines, or access to another piece of property (also referred to as a utility easement). It’s possible that an easement, if it’s large enough, could be for a future road, or an outbuilding, or a sewer pump station or anything you can imagine. A good rule of thumb to use is that no solid permanent structures can be built on an easement such as a garage or driveway. This is not always the case, however, as easements for different uses can have different regulations. (Different areas have different rules for easements as well so be sure to find out what those rules are!) Depending on the area, you may be able to plant trees and shrubs in an easement on your property; however, be aware that at some point they may have to be dug up and removed if the service (sewer or gas line, for example) needs to be worked on.

 This tends to happen right about the time you’re really pleased with how well your shrubs and trees are looking after a few years of tender loving care. Take a look at the example here of an easement on a lot. Notice the 20 foot sewer easement, traced in red, running from the road down the side property line and then cutting across the back yard. This tells us that there either is a sewer pipe in the ground there or one may be planned, perhaps to accommodate future expansion of the community. There are a few things to take note of in this example. For one, you’ll notice that the proposed driveway overlaps that easement up toward the house (green arrow). An agreement and understanding will most likely be put in place so the homeowner is aware that if and when work needs to be done on that easement that part of his driveway will possibly be damaged and/or torn out completely. It will probably be the owner’s expense to fix or replace that part of his driveway.

   The other thing to think about with the above example is future additions, outbuildings, a pool or deck. When looking at this lot as a potential purchase, you’d want to make very sure you have no intention of building anything over the area of that easement. If there is a sewer pipe in the ground it may need to be worked on. If one is planned for the future this backyard will be torn up, a ditch dug, pipes laid and the whole deal. Be very aware what easements are for, what could possibly be done with them and what your rights as a future landowner would be.

   A setback, also called a building setback, is a measurement, typically in feet, that you may not build in. For example you may have a setback of 20 feet from the sides of your property, a setback of 30 feet from your front property line and 40 feet from your back property line. These setbacks are normally determined by either the local town or county, or possibly by the home owners association or developer of a community. county, or possibly by the home owners association or developer of a community. The general idea of setback requirements are to maintain the look and feel of a given area. It provides at least a minimum standard for where homes are situated on the lots and prevents homes from being too close, or “crowding” the lot lines. The four setbacks in the example above are pointed out by the green arrows. You probably won’t be build anything between those lines and the lot lines.

   The moral of this post is: Before you fall in love with a home site be sure to know what the setbacks and easements are. There are often more restrictions to take into account however you’ll almost always have the two mentioned above to deal with on almost any piece of residential land you’ll buy.