Property: Right of Way restrictions?

[Ducay]

Aloha CP brain trust,

I'm trying to figure out what to do with my backyard at my new house, in terms of landscaping, trees, deck etc.
Per my property report, it looks like there is a "Utility Right of Way" that runs along the back couple of meters of my property (runs along back fence). In addition, there is a "maintance access right of way" running along the side of my house (to access and maintain the utilities no doubt!)

So my question is, what do each of these right of ways restrict? Google hath yielded no answers.
Specifically:
a) can I plant trees/shrubs in the Utility RoW area? What about landscaping (ie rock or wooden borders + planters). I know there is the risk the city may need to come in a rip it all up at some point/time. There is a pine tree that looks like its been there for 20+ years in that area, and the city hasn't had an issue with it (as the city has done utility work back there and not said boo in 30 years)

b) What does the maintanence RoW restrict? Im looking at building a wooden deck (like 6" above ground level) that will partially go over the access RoW (not the utility one).

[tete]

I believe you're correct on a) - they can come pull the stuff up at anytime and you don't have to be compensated for it. Not sure about b) - if it's an access right of way, I would think you can't block it with anything permanent.

[Clarkey]

Are there any power lines behind you?

I would call before you dig, this should show you which utilities are back there. From there you can contact the companies and they will tell you what you can and cannot do.

[Ashartus]

There could be some issues with planting trees, depending on what utilities are there and how deep they are. Definitely get a (free) utility locate from Alberta 1 Call: http://www.alberta1call.com/

[mikey_the_redneck]

There is a very small chance that they will have to dig up your property. They do it for repairs, so they may never have to dig it up as long as you're there.

But, if they DO need to dig it up for some reason, know that they will rip your tree/shrub out of there..

You have to weigh the risk I guess...

[Mike F]

I only really know about the BC land titles system, but I think Alberta is similar to the extent that each right of way showing on your property report is an actual document registered in the land titles office.

If you want to know the specifics, contact an Alberta registry agent (or a lawyer) who should be able to pull copies of the documents so you can view them.

[Ducay]

Originally Posted by Clarkey

Are there any power lines behind you?

I would call before you dig, this should show you which utilities are back there. From there you can contact the companies and they will tell you what you can and cannot do.

Nope, no overhead powerlines.
Ive requested a Utility Locate (call before you dig), but I figured there would be some sort of legal description stating what can and cant be done in both types of RoW's. (Utilities aside)

Originally Posted by Mike F

If you want to know the specifics, contact an Alberta registry agent (or a lawyer) who should be able to pull copies of the documents so you can view them.

Smart, but this isn't what I want to hear lol. I was hoping to figure out what the RoW's entailed without shelling out precious reno-dollars.

[Rathji]

It has been a while, but when I ran a landscaping company our policy was we wouldn't plant anything other than grass above a utility right of way or change the grade more than a certain amount (like 6 inches maybe?). We might have been playing it safe because when we first started we got stung when a bitter neighbour complained and we had to redo a section of retaining wall that raised grade about 8 -10 inches above the ground.

Trees are a bad idea in general, but evergreens are the worst of the bunch because they are drought resistant because they have a taproot that goes deep and will cut through anything it comes in contact with. If you do want to risk trees then use shrubs or smaller trees (as in their mature size, not the size you buy) and flowering trees tend to have a shallower root system.

The only time I saw anything said about it that I know is when a neighbour complains or what you have done has buggered up the surrounding property. One time a lady had a small retaining wall she had build up against her swale in the back yard and the developer had an 8 foot retaining wall on the other side that was bulging. They blamed it on her little wall that couldn't have been higher than a foot and she was forced to foot a pretty big chunk of the repair bill and then pay us to fix her yard afterwards.

[Winsor_Pilates]

What Mike F said.
There should be specific easements listed for the property at the LTO. They should give you a fairly clear understanding of the point of the right of ways are and what you can do within the space.

[You Need a Thneed]

It's probably pretty much guaranteed that it'll never get ripped up. But it theoretically could be.

My dad has a utility right of way going across his yard, and he's lived there 30 years, and its not once been touched.

But, get copies of the documents, like others have posted, and find out exactly what they are for. The registration numbers of the utility right of ways should be on your land title. I believe you can get copies of the utility right of ways at any registry. I've gotten them before, and I'm pretty sure it was at the registry.

[Deegee]

Pulling a land title document costs $5 dollars per item. You can pull them yourself.

https://alta.registries.gov.ab.ca/spinii/logon.aspx

[Ducay]

Originally Posted by Deegee

Pulling a land title document costs $5 dollars per item. You can pull them yourself.

https://alta.registries.gov.ab.ca/spinii/logon.aspx

Thanks! Worked like a charm.


Looks like the utility RoW (along the rear), just states I can't plant trees or shrubs that would not allow the city to do their thing.

The access RoW (one running parralell) is actually for the neighbouring property. Basically just gives him the right to maintain his dwelling by accessing my property in this area. Can't hinder his access to do work....HOWEVER, it does specifically state I can build a garage in the area lol.


So looks like I can pretty much do whatever I want (in terms of planting + deck). But as usual, the city just gets the right to tear it all up if need be.

[Rhettzky]

What is the ROW at the back of lot for? Is it an overland drainage ROW (Swale)? Or is it for a service line?

[Ducay]

Its your standard Utility RoW. There definitly some sort of lines running back there (underground)

[Ironhorse]

Originally Posted by Deegee

Pulling a land title document costs $5 dollars per item. You can pull them yourself.

https://alta.registries.gov.ab.ca/spinii/logon.aspx

Which one do you pick if you only know your address?

[frinkprof]

^Search>Titles & Registered Documents>Map Search is your best bet.

[V]

The UR/W most likely has high voltage power, Telus, Shaw and Atco running through it.

If you are interested, you could PM me your address and I could tell you exactly what's in there.

[onetwo_threefour]

Be careful of the M.A.R.W. I would be hesitant to build a deck over the M.A.R.W. Definitely don't build any permanent structures of any type on the Utility Right of Way either. It's not just a question of whether the City./Utility Co. might tear it up if they need to do work, it's also a matter of what will happen when you want to sell or refinance your property. Upon the sale of the property, if you have added improvements, the standard Realtor's contract would require you to get an updated survey with a compliance stamp from the City. If you've built structures on a utility right of way, the City may require them to be removed at that time. So, it's not as simple as saying you only have to worry if the Utility needs to be serviced.

With respect to the M.A.R.W. you have a similar issue. If you're selling your house the encroachment of a deck on to the M.A.R.W. may have to be addressed by modifying the structure at your expense due to the warranties and representations you make to the Buyer that there are no encroachments into right-of-ways. This would be especially true if your deck will abut up against your neighbour's hose and potentially limit their access to the foundation of their home.

[Ducay]

Originally Posted by onetwo_threefour

With respect to the M.A.R.W. you have a similar issue. If you're selling your house the encroachment of a deck on to the M.A.R.W. may have to be addressed by modifying the structure at your expense due to the warranties and representations you make to the Buyer that there are no encroachments into right-of-ways. This would be especially true if your deck will abut up against your neighbour's hose and potentially limit their access to the foundation of their home.

I'll keep it in mind. Are there any hard and fast rules about this sort of stuff? Or is it just if it becomes an issue?

I don't plan on butting the deck up against their house, the plan was to leave at least a foot between the edge of the deck and their house.

[Mike F]

Originally Posted by Deegee

Pulling a land title document costs $5 dollars per item. You can pull them yourself.

https://alta.registries.gov.ab.ca/spinii/logon.aspx

Why do it yourself when you could help feed a hungry lawyer?