I read that our utilities are typically buried 16"-18", though, that's the thing. :-(

(And besides, what's the point of an easement if they can just run lines wherever they want? lol)

[Hey, the first post disappeared! I swear I'm not talking to myself!]

Is the easement near the road? Around here, we can go 50-50 with the city to plant a tree in the easement ("parkway trees") and I can't imagine how they would stop me from also planting something other than grass along with the trees. In fact, I planted bulbs near my parkway trees.

Ugh. Texas utilities are mighty powerful. 811 markings are not reliably accurate. Even if they were, and the utility lines are indeed outside the legal easement boundary, it's doubtful you could force them to relocate their lines to within the easement. You need to obtain a copy of the actual easement document, which might just be your subdivision's plat.

Are you sure you can't plant inside the easement? I'd check before making any assumptions. You may be able to landscape there with the understanding that the easement holder has the right to remove anything you plant.

Is the easement near the road?

I have 2' from the curb to the sidewalk (grass only allowed), then 4' sidewalk, then the 10' PUE (grass-only).

811 markings are not reliably accurate.

Oh, goody....

You need to obtain a copy of the actual easement document, which might just be your subdivision's plat.

Already got it! :-) That's how I know there's a 10' PUE in front. We received an estimate early on in the build process, and then a copy of the final, official stamped document just before closing.

Are you sure you can't plant inside the easement?

Yes. County says I can technically plant, with the understanding that anything there can be destroyed, but HOA says no planting. But if my PUE is empty, and they need access to their lines, they'll have to destroy the 15' area I'm supposed to be able to plant in, and I doubt I will be compensated for lost flora. :-(

I probably am just being stupid. I hate grass, and now it looks like I'm basically stuck with it covering 90% of my front yard. I don't want to risk losing plants (I'm kinda selective in what I want; not always easy to obtain/replace).

Dang.

Did i just read that the HO A doesn't want you to plant anything on your land?

Hmmmm thinking climbing / bush roses ... shallow roots and with lots of thorns.

Is there no one on the HOA board or other neighbors you could form an alliance with to protest a possible encroachment BY THE UTILITIES of your private property?

The neighborhood is nowhere near build-out yet, so we don't have control of our HOA. It's privately managed, so we're pretty much powerless at the moment. :-/

Persist with the utility companies to locate their lines and prove they're in the easement.

ETA utilities are usually installed first. I bet the markings are wrong if they run through the new tree, which would have been planted long after the utilities went in.

What is in the contract with the 'track' builder? IMO......I would 'never' use a track builder, they make 'everything' in their favor to make the most profit.

I wonder if artificial trees might be ok? Most places like Lowes and HD are closing out their Christmas trees about now. Some of those look pretty real.

Or some Japanese Maples can be grown boxed. If they work in your zone they can be mixed with berms and ground cover to produce attractive landscapes. The cost would be higher. Other trees can be container grown to get around restrictions. Check with a large wholesale supplier. Some grow trees in containers for years. An irrigation system may help.

We had power lines that ran high up across the back section of our back yard in a previous house with an easement behind our yard for the utilities. We were not supposed to plant any trees in this back section but I planted 9 trees. The utility company would come out and look at our back yard every few years and they eventually noticed. We agreed to a "maintenance plan" for the trees. When the utility company determined that they were getting too close to the power lines, they would send a tree company to my house to trim them....at their expense. II would always supervise the trimmers to make sure they trimmed them nicely.

Yuk!

I have a stormwater easement across the back of my property. I've had a row of hollies on there for 15+ years.

Plant where you want (and don't run too afoul of the HOA rules) and I think you'll be fine. Possible you'll hit a cable or phone line if you plan anything of decent size - they are notorious for shallow buries - but that's what they get paid for and since they may be off the easement anyway, I wouldn't feel badly.

Also the locating people are "not that accurate" (nicest way to put it.)

It is always important to check with your local utilities as the regs may vary from location to location. But here, buried utilities located in the easement (and they ARE there, whether they were marked or not) are the responsibility of the utility company and those located on your property are your responsibility. It doesn't mean you can't plant there....both on the easement or on your own property......but you just need to be cognizant of where the buried utilities are before digging to avoid costly repairs. And avoid placing something unique or valuable in the easement area that could be removed or destroyed should the utility decide to do any work. IME, they will not pay for replacement plants!! That's the whole point of the easement....that they have free access!

If you have HOA issues, that is an entirely different kettle of fish!! They have their own rules that often follow NO logical path!

I have a 15' easement in front and another 15' easement in back of my very small, less than 1/4 acre lot. The back easement is behind a fence that we put up on the easement line. A lovely grandiflora magnolia volunteer came up right behind/up against the fence. Another had come up next to our house - WAY too close to our house. We moved it and put it next to the one behind the fence. We also dug up all the orange daylillies when they would appear in the garden, and planted them behind this fence and any other plant material that we had no use for. There is a slope from the fence down to a watershed and all this was on the slope. The local sewer company decided to pave that watershed (it was doing just fine without being paved), and I discovered they had marked EVERYTHING behind the fence to be removed. I argued with them that the trees should be left and they were. But one morning, they came through with a back-hoe and ploughed up everything else on that slope. Fortunately, you can't kill an orange daylily so they have returned. The power lines run back there and I have a running battle with their tree butchers every couple of years.

In front, we planted a large oak tree and we have a border with hosta, astilbe and ferns. I'm all too well aware that if the city wants to, they could take out everything planted there, but I think it is highly unlikely that they will ever decide to put in sidewalks - no one in the neighborhood wants them. I also have a gravel pull-off for parking. My gas and water come off of mains down the middle of the street, and do cross this easement on their way to my house.

Nothing I've planted causes any utilities any problems (with the exception of the "perceived" problem caused by the magnolia trees to the power lines). I have no objection to their topping these trees every few years if they just did it right and didn't leave branches in my back borders. It just makes the magnolia trees fuller and gives me greater privacy!

I'm in New York.

My spouse works for public utilities here in NY. You can plant whatever you want, you do just run the risk of having it dug up IF something breaks and they need to dig. But chances are really, really good that new stuff isn't going to break. It's always the old water mains that give way in the winter up here. :)

I'm not you (brilliant, I know - ha ha) - but I'd plant whatever I want, where-ever I want and deal with any potential fall-out if/when it happens. If the HOA complains you can show them where the utilities marked out, and if the utilities complain you can show them your original easement that you have in writing. Play both ends against the middle.

I think chances are approximately zero whatever is there will be moved, even if it's technically outside of where someone else thought it should be.

I bet the markings are wrong if they run through the new tree, which would have been planted long after the utilities went in.

I sure hope you're right. :-)

What is in the contract with the 'track' builder? IMO......I would 'never' use a track builder, they make 'everything' in their favor to make the most profit.

The builder didn't install the utility lines. ;-)

My use of a tract builder had everything to do with being submissive to my husband; I am making the best of my situation. We have the ultimate goal of custom building, but we're using the tract house as a transition home between a 1350 sqft rental (keep in mind we have 6 kids, lol) and the custom house. :-)

Other trees can be container grown to get around restrictions. [...] An irrigation system may help.

Yeah... I'm already doing some cool container stuff, just didn't want any of them in the middle of the yard. I may have to reconsider. We do have an irrigation system, which is a huge help, for sure.

You can absolutely plant on top of utility lines. None are so fragile that a plant will get them.

In the rental, we had a rosebush go through plumbing lines... Different animal entirely?

But some clarity is in order here - you are talking main lines that are not going to your house - correct?

Yes. They traverse the property, go under the driveway, continue on the other side, and *then* go up the side yard. My side yard is a mess of flags, too, which I expected.

In my mind, when a utility has a problem with a line - maybe not in your lifetime - and they missed the easement during install, when they come to fix it, you will not let them on your property. You will force them to pay for access and repair everything to as before plus compensation for your misery.

This is what my husband said the other day. He was all like, "If they have a problem with their lines, and they want to work outside the easement, we simply say, 'No. Your lines are outside the easement, figure it out without touching anything else. Your problem.' "

In other words, just plant all you want and don't worry about it.

Yeah, you're probably right. :-)

As far as depth, they should vary - electricity is not gas is not cable. I also fail to see what recourse they have if you break anything if they missed the easement.

This is what I couldn't find... Everything on 811's website warns about damaging lines, but they seem to assume the lines are legally located. Maybe I'll go ahead and plant stuff, and just pray I don't damage anything *and* that nothing goes wrong later and someone (without permission) kills my magnolias to fix a stupid out-of-easement gas line. Sigh.

All because these darn lots are all so small!!! :-D (And we have one of the bigger ones!)

Plant where you want (and don't run too afoul of the HOA rules) and I think you'll be fine. Possible you'll hit a cable or phone line if you plan anything of decent size - they are notorious for shallow buries - but that's what they get paid for and since they may be off the easement anyway, I wouldn't feel badly.

Okay. I'm starting to feel better about this. :-) I just kept thinking, "If my rosebushes require a 2x2x2 hole, how the heck am I gonna get a magnolia in here????" And, "If roses can go through plumbing pipes [Mr. Lincoln sure loved the sewage], what is a tree gonna do to a gas line???" lol

Also the locating people are "not that accurate" (nicest way to put it.)

I sure hope this is the case. I'm kinda ashamed I didn't immediately think of this. Perhaps I give too much benefit of the doubt. :-/

And avoid placing something unique or valuable in the easement area that could be removed or destroyed should the utility decide to do any work. IME, they will not pay for replacement plants!! That's the whole point of the easement....that they have free access!

Yes, absolutely! That's why I was so upset with this whole mess, lol. There are no markings/flags in the actual easement (which I am leaving 100% bermuda grass), but a zillion things going on 3'-6' beyond the easement toward my front door. I figured they wouldn't pay for plants they damaged, even though my plants would be legal but their lines aren't.

I'm all too well aware that if the city wants to, they could take out everything planted there [...]

I'm thinking I need to live within city limits, lol. Too much craziness outside of it. Finding a 1+ acre parcel in town is gonna be tough. Dang.

If the HOA complains you can show them where the utilities marked out, and if the utilities complain you can show them your original easement that you have in writing. Play both ends against the middle.

This is an excellent contingency plan. Thank you!

I think chances are approximately zero whatever is there will be moved, even if it's technically outside of where someone else thought it should be.

Sigh. Not good news. Oh, well. At least my expectations can be properly calibrated now.

Thanks so much to everyone who took the time to respond to my thread. <3

Law differs from state to state but are often somewhat similar. I can't speak to the HOA rules as they could be anything.

Service lines to the house are normally covered in an agreement for service. In some cases (water and sewer) lines to the house are the responsibility of the homeowner. Other utility service lines may belong to the utility and you grant a right to inspect/repair as long as the service is used. You may revoke their right to enter your property but expect your service to be cut off.

Main lines are something different. Here the utility needs an easement of record for the location of their lines. You may force utilities to withdraw any encroachment onto your property outside of any easement. But your rights are subject to a statute of limitation. After a period of time (7 years in Arkansas) you lose the right to object to another's use of your property and the utility can then claim a prescriptive easement for the line and a reasonable width to maintain the line.

Yes, I have service lines in my side yard (which are obviously outside of an easement, otherwise how could they get to my house lol), and main lines across the entire front (which, if markings/flags are accurate, are not within the easement at all).

Three different people have marked and flagged my property, and all of them are outside the easement by 3'-6'. What are the chances that all three of them are wildly inaccurate?

So it sounds like I might have a chance of making them move lines, as long as I do it within a certain period of time. Sounds like a call to the county Public Utility Commissioner is in order? Hmmmm....

The neighborhood is nowhere near build-out yet, so we don't have control of our HOA. It's privately managed, so we're pretty much powerless at the moment.

Have you talked to the developer to see if they can help you? If they still have several lots to sell, they don't want disgruntle homeowners making noise.

Three different people have marked and flagged my property, and all of them are outside the easement by 3'-6'. What are the chances that all three of them are wildly inaccurate?

Chances are probably thin, but the developer should be able to help clarify why they aren't in the easement.

Have you talked to the developer to see if they can help you? If they still have several lots to sell, they don't want disgruntle homeowners making noise.

No, I hadn't thought of that... How do I find the developer? My section of the subdivision is really odd -- There are 3 different builders on the same street, and when you turn the corner, there are an additional 3-4 different builders on top of that. Each builder owns every other or every third/fourth/fifth lot. How would I find out who the developer is? (Assuming the developer is the entity in charge of divvying up the lots/plats among the builders, if I understand correctly.)

Simple enough to ask one of the builders who the developer is. The best way might be to go to your builder with some complaint that is clearly the developer's responsibility so that he would be happy to pass the buck. The complaint could be your actual complaint or any HOA related complaint. Who do you ask if you want to build a fence?

In my area, we have an HOA day one. Who else would you pay dues to? But the bylaws have it under developer control until X% of houses are sold. But you still have an HOA. Recorded on your deed for example.

Again in my area, the developer buys the 50 acre tract of land, permits and divides it. The developer builds the road and get utilities in. Then sells the lots to the various builders. Often times they have 5 builders and each has to buy 20% to get in the neighborhood. Mind you, this pattern does not happen anymore as Toll Brothers or some other tract builder is the only ones that can afford the 50 acres.

Anyone saying that you can cut a marked utility line and if it's outside the easement you won't be held responsible has clearly never cut a utility line. And if you hit a fiber optic line and take down the internet for the entire neighborhood, you'll quickly learn who teleworks on your street and how cranky they can get. Hand dig only within two feet of the marks, and assume everything is stupidly shallow. Electric is usually deep enough. Gas, I've seen between 6-20" deep. Anything from the cable companies is done by lazy crews, and I've worked in several subdivisions where they laid the cable lines on top of the ground and the builders laid sod over the lines. In 20+ years of doing this I've only had one case where the utilities weren't where they were marked.

I think it's bizarre that they installed all the lines in the middle of the yard, so that's definitely something to discuss with the builder, and have them advocate for you with the HOA as far as planting in the easement. I can't imagine those lines would get relocated.

No, I hadn't thought of that... How do I find the developer?

^^what David Cary said. There is a high probability that the developer controls the HOA & has hired the management company to manage it until enough lots have sold to turn it over to the homeowners. Ask them for the developer's contact info.