A residential building inspector receives a permit application for a substantial addition to an existing home. The application includes plans for a new covered patio that encroaches into a utility easement shown on the property's plat. What is the inspector's initial responsibility regarding this encroachment?
- AApprove the permit application, as easements are typically the utility company's concern, not the building department's.
- BIssue a conditional permit, allowing construction to proceed while the owner resolves the easement issue.
- CInform the applicant that they must obtain written approval from the easement holder before the permit can be issued.
- DDeny the permit application immediately due to the clear violation of the easement.
Show answer & explanationAnswer & explanation
Correct answer: C. Inform the applicant that they must obtain written approval from the easement holder before the permit can be issued.
While easements are legal agreements, building departments typically require confirmation that proposed construction does not violate them. The inspector's role is to ensure compliance with all applicable laws, which includes respecting easements. The applicant must resolve this with the easement holder before a permit can be issued.
Why the other options are wrong
- A. Building departments often consider easements in their review to prevent future legal issues and ensure access.
- B. Issuing a conditional permit for an easement violation is risky and generally not permitted, as it prematurely authorizes potentially illegal construction.
- D. Denying immediately might be premature; the applicant may be able to secure approval from the easement holder.
Easement Encroachment Review
The process by which building departments review permit applications for potential encroachments into established easements, typically requiring the applicant to obtain written consent from the easement holder before a permit is issued.
- Easements grant specific rights to others.
- Construction cannot impede easement use.
- Requires easement holder's written approval.
Memory trick: Easement lines are not for building designs, get approval or face the legal fines.