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Thread: Pool and Aerial Easement

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    Join Date
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    Pool and Aerial Easement

    We have just bid on a house. We received the survey that has an AE on both sides of the yard as well as along the back. We want a pool, in fact, if we can't put in a pool, we don't want the house. Nobody has been able to answer the question "How far away from the AE do we need to put the pool?" A pool contractor said we have "a lot of room for a large pool". The real estate agent said "you can't put a pool within so many feet of and AE but I don't know what that requirement is." Went to the county permit office. They said contact the owner of the AE for the rules and regulations of the AE. I contacted Centre point energy, they said go to public records and look up what you can and can't do for that AE. ?? Can anyone help me with this? Nobody has a direct answer and our time on the house is running out. Anyone know??
    inground gunite pool approx. 16x34; Magnolia, Texas

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    Mod Squad tim5055's Avatar
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    Re: Pool and Aerial Easement

    I have a feeling this will take more time than you have available during a home purchase due diligence period. A quick Google search shows this information from Centre Point Energy's website

    Q: What is an aerial easement?
    A: An aerial easement is similar to an imaginary alphabet letter “T”. The ground easement would be the area at the base of the “T” and the portion above the top of the “T” would be an area referred to as the aerial easement area. The aerial easement is designed to maintain a safe distance from the wires, which will move from side to side when the wind blows.

    Q: When can an aerial easement be released?
    A: An aerial easement can be released when there are no overhead facilities located in the easement and there are no future plans to build overhead facilities in the easement.
    It also appears they charge $250 to research the matter for you. http://www.centerpointenergy.com/Pub...equestForm.pdf
    TFP Moderator 39 X 18 23,000(ish) freeform gunite; built 2007ish; Pentair Triton II TR100 600lb Sand filter; 2 HP Pentair pump with 2.2 HP AO Smith single speed motor; 2 skimmers, 1 main drain, 4 returns w/waterfall, Stenner 45MHP2 3GPD running@ 60% - 15 gal Tank; heated by the sun CYA 200+ when I started - 50 now. Dolphin Supreme M5 Pool Cleaner. Hot Springs SX Spa, 285 gallon

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    Re: Pool and Aerial Easement

    I would take another run at the permit office see if you can talk to a senior inspector, someone there has to know what the setbacks are. I have never heard of a permit office telling a homeowner "investigate this for us before we give you a permit" it's there job to know. The permit office is the only one I would accept an answer from and I would want it in writing at that.

    How near the pool will the lines be? Not sure I would want a pool near where a broken line cold land may be an extremely unlikely event but why take the chance. Also if the power to the house comes from those lines you may have to move or burry them as part of the build could be an extra expensed to think about.
    12,300 Gallon, IG PebbleFina, 3 ft sheer, 2 Jandy nicheless LED lights, Jandy Pro 1.5HP VS pump (A.O. Smith Motor), PB4-60 Booster pump, Polaris 280, Jandy cv340 cartridge filter, Zodiac Z4 control panel W/iAquaLink, Stenner pumps for chlorine & MA connected to WiOn WiFi switches, TF-100. You can support TFP with AmazonSmile just click the link!

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    Casey's Avatar
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    Re: Pool and Aerial Easement

    Welcome to TFP. Good luck with this. It sounds like a painful process.
    I'd bet you my bikini you'll never get TFP water from a pool store!

    24' Sharkline Venture De Filter

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    Re: Pool and Aerial Easement

    Yeah, I don't have the patience for this, but if you really love the house.....

    I can't see a setback from an easement. I believe the easement would be the limiting factor.

    The utility might give you a "Letter of Encroachment," if it comes to that.... allowing you to build into the easement. You need to talk to the utility company.

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    Re: Pool and Aerial Easement

    Was just reading some stuff from another thread and I think that NEC table 680.8 applies, if I am reading it correctly and I admit that is a big if, I think no matter what the easement says you will have to be at least 10 horizontal feet away from the lines. Of course it is possible the easement requires even more but I kind of doubt it. If it applies the NEC code and table may give you a starting point for a conversation with both the utility and the permit office if you decide to proceed.
    12,300 Gallon, IG PebbleFina, 3 ft sheer, 2 Jandy nicheless LED lights, Jandy Pro 1.5HP VS pump (A.O. Smith Motor), PB4-60 Booster pump, Polaris 280, Jandy cv340 cartridge filter, Zodiac Z4 control panel W/iAquaLink, Stenner pumps for chlorine & MA connected to WiOn WiFi switches, TF-100. You can support TFP with AmazonSmile just click the link!

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