Anyone familiar with an aerial easement?

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Flounder32

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Mar 22, 2015
196
League City, TX
I have a 10' utility easement in the back of my property. There is another line on the survey that is 5' from that labeled 5' x 20' A.E.

I understand that this is a aerial easement but there is some confusion about what it means exactly. I know that it's for the electric company in case they want to add power lines in the future (currently there are none).

My patio structure is designed to currently go all the way to the 10' utility easement (which would be 5' past the aerial easement). The height of the patio will be about 13.5'. My (uneducated) understanding was that the 20' portion of the aerial easement means that you cannot build anything past that line that is GREATER than 20' tall. So a 13.5' patio cover should be okay?

Any thoughts?
 
Yeah. Lol. I have a call into Texas-New Mexico Power, but they haven't been helpful so far. It seems like a simple problem to me. That 20' means something significant on my survey. It wouldn't make sense if it is a restriction on anything 20 feet and below because that would mean you couldn't even build an ant hill. I have to think it means the restriction is 20 feet and above. I was hopeful somebody on here might have dealt with this while I stress out that my entire project is in jeopardy while waiting for the power company to get back me. :cry:
 
This is from Centerpoint.
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.
 
That is correct. The aerial easement is the reason we had to flip our house design when we built. One side of our home has the one story garage and driveway. We wanted it on the east side of our lot. Opposite of the garage is the two story side of the house. It could not be on the west side of the lot because of the aerial easement on the west. So the garage and driveway are on the west side of the lot, since the garage roof doesn't cross up into the aerial easement.

We also have an aerial easement running along the back of our lot, but the pool doesn't interfere with it. Take care! Suz.
 
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