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Permits and property

Can concrete go over an easement?

The short answer

We found no statute in either state that bans concrete over a utility easement, and none that blesses it. An easement lets somebody else make limited use of ground you still own, and some arise from long use with nothing written down. Whether a slab may sit over yours, and what happens if the holder needs to dig, comes from the document that created it, where there is one, and from the utility that holds it, so ask both before you pour.

One county's definition, and where it stops

Pulaski County's Unified Development Ordinance defines it about as plainly as anyone could want for a homeowner: an easement is a deeded right expressed in recorded writing, given by the owner of land to another party of specific limited use of that land, and the ordinance gives access, drainage, water, sewer and public utility as its examples.

That is one county's definition, written for its own ordinance, and not every easement fits it. Limited is the word that holds: you did not sell the strip and you did not stop owning it, and somebody else holds a right to a named use of it. Deeded and recorded do not always hold. Virginia's highway rules speak of rights of way where the Commonwealth has "a prescriptive easement for maintenance and public travel," a right that grew out of use rather than a deed, and section 55.1-306.1 of the Code of Virginia counts a utility's prescriptive easement among the easements it covers. Where there is a document, what the holder may do is whatever it says, though Virginia law reads one use into some: under that same section, broadband and other communications service is "deemed, as a matter of law, to be a permitted use" of an easement for electric and communications facilities unless the deed or other instrument that granted the easement expressly prohibits that use.

A recorded easement is public. It can show on the recorded plat or in your deed, or sit in its own instrument granted by an earlier owner, so search the land records index for your parcel, not just your own deed and plat. Those records are kept by the county where the lot sits, which in Carroll County means the Circuit Court Clerk in Hillsville, 276-730-3070, and anywhere else the county can tell you which office keeps its deed records. Then ask the utility what it claims, because an easement that grew out of long use may not be in the records at all.

The popular version is wrong in both directions

Two things get repeated about concrete and easements and neither one is a rule. The first is that concrete over a utility easement is illegal. We found no statute in either state that says so. The second is the mirror image, that it is your land so you can do as you like. That is not supported either.

What both states regulate, in real detail, is digging. Every provision we read governs notice before excavation, marking, hand digging near a marked line, and repair of the utility's own line. Not one of them says anything about a slab sitting on top afterwards. That absence is the honest finding, and it is why the two confident answers you will hear are both overreaches.

So this page stops where the sources stop. What your easement permits is in your easement. What the holder would actually do about concrete over it, and who would pay to put the concrete back, is not answerable from anything we read, and we are not going to guess at it. That one goes to the utility that holds the easement, and if the answer matters enough, to a lawyer. Naming the right desk is worth more than a prediction.

A road right of way is a different animal from a utility easement

Homeowners use the two words as though they were one thing. At the road they are not, and the difference changes who you call. VDOT's Land Use Permit Regulations define right of way to include the travel way and its boundary lines and the area in between, the subsurface below and the air above the property, and other permanent easements for a specific purpose appurtenant to it. It is wider than the asphalt. The same definition also covers rights of way where the Commonwealth holds a prescriptive easement for maintenance and public travel rather than ownership, so a homeowner cannot assume the state owns that strip outright.

The strip at the road is not yours to permit, and it is not a contractor's either. Work inside it takes written permission from the road authority, and that permission reaches only as far as the road authority's own interest in the ground goes. The point for this page is the limit rather than the mechanism. Clearing the road clears nothing about a recorded easement crossing the same frontage, because those are two different holders with two different instruments. What the entrance permit is, what it costs and what else it leaves standing are on the entrance permit answer and our entrance permit page.

North Carolina states the control side more bluntly, and writes it as a criminal statute rather than as a regulation: openings, interferences and structures are barred from a State road except under a written permit, and the Department holds complete and permanent control. A separate administrative rule then treats a residential driveway connection as the usual exception, with named conditions that can pull one back in. We do not tell a North Carolina homeowner they are exempt and we do not tell them they are in trouble. The District Engineer decides, and our North Carolina permits page says where to start. What belongs here is only that an easement holder and a road authority are not the same party and neither one speaks for the other.

Digging over a recorded line, and where that argument lives

Here the ground is firm, and it is also somebody else's page. Both states regulate excavation in detail: who has to place a locate request before ground is opened, how long the notice runs, how close a machine may come to a mark, and what has to happen when a line is hit. None of it is optional and none of it is this page's argument to make. It is written out statute by statute on our 811 and utility locates page, and how it fits a pour date is on the page about calling before a pour.

What matters here is the seam between the two subjects, because people run them together and then trust the wrong one. A locate ticket shows roughly where member utilities' lines run today, marked to within two feet of either side of the line in Virginia, and Virginia 811 says private lines, such as the water line from the meter to the house, are not marked at all. A recorded easement tells you what somebody is entitled to do about a line. Marks can come back across ground where no easement was ever recorded, and an easement can be recorded across ground where nothing was ever buried. Clearing the digging law settles nothing about the paper, and reading the paper settles nothing about what is actually down there.

What we do on a job with a line running through it

We place the locate ticket for the work we do. Walk the marks before anything goes in the ground. Who owes that call on a job where somebody else cuts the trench is the digging page's question rather than this one's.

Knowing where an easement runs also changes the concrete, not just the paperwork, because a slab can sometimes be moved or reshaped to stay off the strip. Where it cannot, no layout is an approval, and none gives anybody a right they did not have.

The pour itself gets easier too. Our trailer mounted line pump sets up on solid ground and moves concrete the rest of the way through 2.5 and 3 inch hose, so a loaded mixer does not have to track across the strip you are trying to protect. The hose comes in sections and gets walked in by hand, so it goes over ground a truck has no business on. Have the plat, and whatever the utility told you, in hand when you ask for a price, so the slab can be planned around what is actually recorded.

Good questions

If the utility has to dig up my driveway, do they put it back?

We could not answer that from any source we opened, so we are not going to guess. The damage prevention statutes in Virginia and North Carolina cover notice, marking, hand digging and repair of the utility's line. We found nothing in them about your slab. Ask the utility that holds the easement, in writing, before you pour. If the answer matters enough to argue about, that is a lawyer's question and not a concrete crew's.

How do I find out whether I have an easement?

Search the land records index for your parcel, not just your own deed and plat, since an easement granted by an earlier owner can sit in its own recorded instrument. In Carroll County those records are with the Circuit Court Clerk, 276-730-3070, and elsewhere the county can tell you which office keeps them. Then ask the utility what it claims, because an easement can also arise from long use with nothing recorded. Locate marks from an 811 ticket are a different thing: they show roughly where member utilities' lines run today, they do not mark private lines, and they do not tell you what an easement covers.

I have a VDOT entrance permit. Am I cleared to pour in the right of way?

No. A permit from the road authority reaches only what that permit says, and only as far as that authority's own rights in the ground go, and it leaves you to clear anyone else with an interest in the same strip. It is one permission among several rather than a clearance. What the entrance permit actually does is its own answer.

Something recorded running through your pour?

Have the plat and the utility's answer in hand when you call 276-733-3750 about the slab. We place the locate ticket for the work we do.

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