Home Buying in Sugar Land>Question Details

Sharon_dodd1…, Home Buyer in Richmond, TX

Buying a home with a pool on utility easement.

Asked by Sharon_dodd123, Richmond, TX Fri May 3, 2013

We are thinking of buying a home where the in ground pool has been built on top if the utility easement. Is this a situation to be avoided?
I have read that it may mean that full title cannot be transfered to the new owner. Can anyone give me more information?

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4
I wouldn't get that home and get into that potential headache. There are so many potential issues, honestly, unless you absolutely HAVE to have that place, I'd move along to the next house. Then again, I really am not all that good when it comes to dealing with huge headaches like what you're potentially facing. If you don't mind it, then sure get the house.
0 votes Thank Flag Link Sun Aug 30, 2015
In some cases an exception maybe granted by the homeowners association. the key here if there is structure that can not be removed then I would pass on this one. However if it just decking that can be removed and replaced then you should be ok. If the actual pool is in the easement then that is not good news unless there is an exception from the utility companies and the homeowners association.
Both would need to grant you an ok in writing.
0 votes Thank Flag Link Sun Jun 9, 2013
Take the the property survey showing the encroachment and ask the title company if they can "insure around" the issue. Even if they won't, if won't affect title to the property, it will however affect the coverage under your title policy.
0 votes Thank Flag Link Fri May 3, 2013
Hi Sharon,
It is usually not a problem if only the coping of the pool---the concrete surrounding the pool-- enroaches slightly into the easement, but if the pool itself is into the easement, I would not buy that house. It is best to discuss this with a title company or let a title company look at the survey if the owner has one showing the location of the pool and give you an opinion.

Good luck!
Jennifer Weaver
0 votes Thank Flag Link Fri May 3, 2013
Live in SL on Edgewater Blvd since 1999 which has a 16 foot easement. When we were putting in a pool, we heard some neighbors back in early 90's were able to buy back part of the easement from the Utility District. It may be something to check out.
Flag Tue Jun 18, 2013
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