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Gas line easement - legal options?

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  • Gas line easement - legal options?

    I am looking to expand my house by 12'. I want to build a attached single car garage onto my existing 2 car for the Mustang (kids keep hitting it with car doors)

    I tried to play nice with Atmos, I had 811 come out and mark the high pressure gas line that runs under my backyard. I submitted a survey that was edited to show that even with the expansion, the garage is still 7' from the gas line.

    They rejected it due to "encroachment", never mind there are 2 pools constructed in this easement by my neighbors.

    Any advice / suggestion would be appreciated.

    Can I still go ahead and construct it because I am not directly over the gas line?

    I hate bureaucracy, can't even have control over my own land.

  • #2
    Don't they generally want a 20 foot right of way? Your original deed should have that noted. They can still fit an excavator and move the bucket over a swimming pool, can't really do that with a building in the way.

    Split both directions that's 10 feet, sounds like you are 3 feet too far. Even if it's 15 feet you're still a little too close.

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    • #3
      Is it a transmission line or a lateral?

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      • #4
        Just don’t go killdozer on them...... that all started over an easement too.

        Hire a good general contractor. They probably have the knowledge and connections to get it done.

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        • #5
          Somebody sold them the easement and made money on it. It’s more shame on you for not reading it before buying the land. Read your deed/survey, have the easement staked by a RPLS. If what you want to build is out of the easement then tell them to kiss your ass. If you want to build on their easement it ain’t going to happen with their blessing.

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          • #6
            Do you have a copy of the easement? If not I can probably pull it. What county?

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            • #7
              Originally posted by BradM View Post
              Do you have a copy of the easement? If not I can probably pull it. What county?
              I have a copy of my survey. 60 FOOT EASEMENT!! Right up to my freaking wall.
              Tarrant County
              Keller, TX

              When we bought this house 8 years ago, I didn't expect to own 4 cars and a travel trailer. Never thought to look for a easement that would interfere with something nearly a decade down the road.

              Nate was our realtor, rest his soul he never mentioned it.

              I don't know the different between transmission or lateral. It goes through everyones back yards so i would guess transmission.

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              • #8
                Originally posted by IHaveAMustang View Post
                I have a copy of my survey. 60 FOOT EASEMENT!! Right up to my freaking wall.
                Tarrant County
                Keller, TX

                When we bought this house 8 years ago, I didn't expect to own 4 cars and a travel trailer. Never thought to look for a easement that would interfere with something nearly a decade down the road.

                Nate was our realtor, rest his soul he never mentioned it.

                I don't know the different between transmission or lateral. It goes through everyones back yards so i would guess transmission.
                If people are building things on or near it I am going to guess it’s a small lateral line. Basically lines that come off of a main transmission line and branch of to homes or businesses. If it was a transmission line they have very strict Right of Way. You can’t even plant shrubs on a pipeline transmission line ROW. That being said I have no idea why they would have such an easement restriction on a gathering line. They don’t really need access to those. I would look to fight it, especially if others within your area are building shit on or close to it.

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                • #9
                  Originally posted by Trip McNeely View Post
                  If people are building things on or near it I am going to guess it’s a small lateral line. Basically lines that come off of a main transmission line and branch of to homes or businesses. If it was a transmission line they have very strict Right of Way. You can’t even plant shrubs on a pipeline transmission line ROW. That being said I have no idea why they would have such an easement restriction on a gathering line. They don’t really need access to those. I would look to fight it, especially if others within your area are building shit on or close to it.
                  Are lateral lines high pressure or low pressure?

                  The flags/markings are all high pressure.

                  Trees are in the ROW and a neighbors pool encroaches into the ROW...Im pretty sure anyways. They built it after they moved in.

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                  • #10
                    Originally posted by IHaveAMustang View Post
                    Are lateral lines high pressure or low pressure?

                    The flags/markings are all high pressure.

                    Trees are in the ROW and a neighbors pool encroaches into the ROW...Im pretty sure anyways. They built it after they moved in.
                    Sounds like a lateral line or gathering line. Those are still high pressure, but they're not like a 36" or 42" Transmission line with the stricter rules.

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                    • #11
                      Originally posted by IHaveAMustang View Post
                      I have a copy of my survey. 60 FOOT EASEMENT!! Right up to my freaking wall.
                      Tarrant County
                      Keller, TX

                      When we bought this house 8 years ago, I didn't expect to own 4 cars and a travel trailer. Never thought to look for a easement that would interfere with something nearly a decade down the road.

                      Nate was our realtor, rest his soul he never mentioned it.

                      I don't know the different between transmission or lateral. It goes through everyones back yards so i would guess transmission.
                      Sounds like you might be boned unless they will file an exception or amendment to the easement. It has happened. I have seen it all.
                      <====Senior Comercial Title Examiner for. a national title company. Feel free to hit me up with anything else.

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                      • #12
                        Gas easement is needed. Survey needs to stake and if your old plat does not show the easement might as well have a new one drawn up so you can provide your plans for city permit.

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                        • #13
                          Originally posted by IHaveAMustang View Post
                          I hate bureaucracy, can't even have control over my own land.
                          You do have control, just not over the portion that someone in the past signed away to the gas company. This is a common issue and you're unfortunately stuck with it unless the gas company abandons the line sometime in the future.

                          How far are you wanting to encroach over the easement line?

                          And for the obvious question, you can't add on without encroaching?

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                          • #14
                            I install water and sewer lines for a living. We cross the gas guys often and it’s always a pain. Atmos is however the most laid back of them all. If they have a 60’ easement it is probably (almost certainly) a high pressure transmission line. They don’t play around with those. If it were to get hit it could level a block or more.

                            We see it often with property owners when we start a project that they didn’t know that the city had a big easement through their place. I feel bad for them when we have to rip out their trees or fill in their pond. You’d be surprised how often the previous owner sold the easement and the current owner had no idea.

                            When I’ve bought property I always call in locates before closing and see what gets marked and who responds. This isn’t fool proof but will give you an idea of what’s in the ground. Always read your survey too. The deed will include the verbiage from the survey. Check them both. Even still it may not include everything.

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                            • #15
                              Just buy on of those shipping containers and slap it right next to your house. Storage plus room to park!

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