easement and fences

Good Day,

First off I would like to say hello…



My wife and myself are considering a new vm home (emerson) in the hedgewood area (newest section of broadlands).

After reviewing our lot options we decided on lot. However after further review we noticed a 7ft STM easement down the entire left side of the lot and a 5ft STM easement across the back side of the lot.

I have been reviewing the broadlands HOA documentation and have been unable to find anything that specifically restricts home owners from putting up a fence on the easement area.

I guess our biggest problem is we have a full size lab and two little ones that we would like to contain within the yard and we are concerned about the easement.

So my specific questions are..

Can we put up a fence on our property line even though part of the property is in the VDOT easement?

What can we do with the space? Can we plant bushes? Trees?

Can we put in a electric dog fence?

Where in the hoa documents are the specific restrictions?

 

Has anyone had any issues with planning bushes or putting up a fence in an area of your lot that has a underground storm drain?

 

When we put up our fence we had a removable section put in where it came near the storm drain. (it was put in using screws & brackets vs. nails) That way if any work ever needed to be done, that section of fence could be easily removed and put back in place.

 

You are partly mixing apples and oranges I think. A STM easement is likely for water run-off and is a storm drain easement (as you state later) but has nothing to do with VDOT I think. But anyway, these are all good questions I would be asking Van Metre as well to get their answer. Based upon my experience with the easement similar to what you are talking about, answers I got were that a fence was fine, but that as part of having an easement, there was the "possibility" that access would be needed to get to the storm drain. If there was a fence there, they would remove it, and would not be required to put it back. But that the chances access would be needed are slim. But I like the idea if a fence that has a removable section.

As for getting things to grow (grass, plants, shrubs) I have had a hard time. The grass is not growing well and I have a couple of plants that are not doing well either.

 

Ensure what type of easement you are talking about with Van Metre and get the answer in WRITING - just my two cents.

 

When looking at the lot diagram, both of the easements are labeled STM ESMT and I am 100% positive that they are for runoff or storm water drainage pipes that are under ground.

I will take everyone’s advice and contact vm to ensure there will not be any hoa restrictions on building a fence on the easement and get it in writing. We are more than willing to take the risk that someday the area could be serviced and our fence would be ripped down.
As far as the vdot easement, what constitutes a vdot easement over an easement such as that for a storm drain? I guess I was assuming that all easements were given to vdot.
Thanks to everyone for your responses.

 

Can someone confirm that the stm easements are handled by LCSA?

 

I would think the storm drain easements would be controlled by Loudoun County Public Works. LCSA is the sanitation authority (drinking water, sewage, septic, etc.). They will be maintained by VM until that section is turned over to the County. Someone correct me if I'm wrong.

And planting or building fences is at your own risk over storm easements. They won't get replaced if torn out at a later date.

 

So after some searching and chatting with the local gov officials I have found out that LCSA does not hold any easements for Storm drains. And that the easements are held by the County’s Building and Development department and are maintained by the HOA association.

Kind of odd seeing as everyone vm – hoa has been pushing me off to LCSA.

Anyone have any idea how to get a hold of the easement documents for my specific lot?

Thanks

 

VM should have that information. I am FAR from a construction expert, but I once lived in a home (here in Ashburn) that was on an easement. All I know is that if you put anything on (structure or planting) the easement and work has to be done there, YOU are responsible for moving or paying to have it removed. The county or whoever has to do work there is not responsible for putting it back in the original condition either. If I were you, I'd chose a different lot. Either that or take the risk that nothing will ever have to be done there.
One more thing to consider is this. My parents have a home in Oak Hill and live on property with an easement. About two years after they moved in, the county came by and said they needed to run a sewer line for a new set of homes that were going to be built up the street. They wound up tearing up their entire driveway, side yard and back yard. Everything is back to normal now (because they hadn't built anything on the easement), but it was a HUGE headache.
Best of luck!

 

Phitnessfiend,
You summed it up.. It’s a risk either way I look at it. Picking a new lot would be the easy way out however this is one of the largest lots that remain in the new section.
It would just be nice if I can get an answer from the hoa on if they will restrict me from building a fence on a county easement.
Fyi here are some snipits from the county’s deed of easement document. Confirming what everyone has been saying.
Pg 4
3. The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said easements; provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backfilling of trenches, the replacement of fences and shrub¬bery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located without the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements.
4. Owner reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided, however, that Owner shall not erect any building or other structure, excepting a fence, on the easements without obtaining the prior written approval of the County.

 

We have an easement running across our backyard. At we lose a big chunk of space, we used the back corner for our swing set - knowing that some day we could possible have to move it if there was work to be done. We received a letter from the HOA stating that we were not allowed to have anything on the easement - and that the swing set would have to be moved. I accept responsibility that we had not obtained permission first for the swing set location (our mistake - our old HOA only needed the permission if it was fixed into the ground and permanent) but I wanted to pass this on so you know that HOA will not approved any kind of structures on the easement - unless something has changed over the last 3-4 years. With the storm drain right in the middle of the backyard, and the easement not causing us to lose so much space, I would highly recommend you think twice about buying that lot - unless it is big enough that you won't miss that space.

 

Thanks to everyone for their input and suggestions…
btw I went down to the hoa office in broadlands and everyone there was a great help.
kevin

 

So from my read of the hoa guidelines, there are no rules against putting a fence on an easement. The homeowner simply assumes the risk (and cost) of tearing down/building back the fence if work should ever need to be done along that easement. Is that correct?

 

Yes, that's correct.

 

My understanding:
Most drainage/storm water easements do not allow the installation of PERMANENT structures in them. Fences, sheds, swing sets, etc are not permanent structures and can be placed in the easements.
The maintenance of storm water easements has recently been converted from an HOA to a County requirement.
VDOT easements usually come into play on corner lots where VDOT wants to ensure sightline easements along the roads.

 

thanks for the clarification -- that's how I read it as well but always nice to get confirmation from others in the community.

 

One thing a neighbor of mine did was install a fence with double swing-open doors. He did it so that a riding lawn mower could get in the back yard, but if you are concerned about letting VDOT into the easement area you may want to think about doing something like that to hedge your bets.