We occasionally have to locate items that are being built within the 66' road right-of-way. The County is very particular about this for liability reasons. If a car leaves the road and strikes the object within the ROW, then the County could get sued. Many people had built brick columns for rural mailboxes along the edge of the road and they all had to come down.
Anyway, here is yesterday's find that we tied in. The wall is about 4' onto the ROW. Both front property pins were in and easily found. The owner just started building without any thought as to property lines. His plan was to have it 75 feet long and 8' tall. He had 28' under construction. It always gets interesting when the land owner comes out to ask what you are doing.
I wouldn't worry too much about that one. Building on loose block like that I'd expect the first good wind to blow it over.
Is that an all concrete house?
I have a friend with a house of similar design to that one. Everything, including the roof is concrete.
Notice in the third photo there is already a pretty good lean to it.
Oh my. Troublemaker. 😉
Jack
> I can assure you that the City of Houston has "exclusive rights" to the right-of-way easements within its jurisdiction. No one, and I mean, no one, can construct anything within the rights-of-way in Houston without first securing a permit for said construction (even railroads have to get permits).
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> A right-of-way easement is so exclusive that we, as homeowners, pay no taxes on the lands we own that are encumbered by said right-of-way easement, at least within this city.
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> The City of Houston allows HL&P, Entex Gas, cable companies, etc. to construct their utilities within the right-of-way, but the City makes them pay to do so. The homeowner gets none of those monies. Power poles are located, as a rule,1 foot inside the right-of-way.
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> If a homeowner constructs (with or without a permit) a sprinkler system out in the right-of-way and the system is damaged during a repair, the homeowner is out of luck when it comes to reparation.
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> The City does not exclude them from walking across the easement, maintaining certain things within the easement (lawn, sidewalk, etc.), but they cannot construct anything without full agreement from the City.
One exception. The RR does not need permission if it was there first.
If the RR predates the City's interests, the City has to apply for permission from the RR or go through a condemnation suit which is unlikely to prevail.
wait a minnit...
I recall a case, believe it was in Ohio, where the property owner leased a field for cultivation. Corn was planted within the right-of-way and obstructed the view at an intersection. There was an accident, court case and appeals, resulting in the property owner and county being held liable for allowing the obstruction.
