What is an easement encroachment agreement and how do you get one?

An encroachment permit for work lets a crew dig or build for a defined job. An encroachment agreement is about something that stays. Our page on what an encroachment permit is covers the permit for work in a street or easement. This page is about the permission for an improvement that will remain in the easement after construction.

Tempe draws that same line for its right of way. Its code says "An encroachment permit may be issued for encroachments of a temporary and removable nature, including but not limited to, awnings and commercial signs. A license shall be issued for encroachments of a more permanent nature including, but not limited to, wireless facilities and buildings and underground parking facilities that impact the City's right-of-way."

There is no single Valley process. Here is what the primary sources show.

• Phoenix. The city has a "Public Utility Easement Adjustment Approval Request" form. It is "used to request the modification to, elimination of, or encroachment within a public utility easement (PUE)." One checkbox is "Encroachment within PUE (Structure placed within existing PUE)," and each of those boxes is marked "Technical Appeal Required." The applicant attaches an exhibit, and the form says to "Provide written confirmation of approval from all appropriate utility representatives." It lists the electric, gas, communications and city water contacts for sign-off.
• Fountain Hills. The Sanitary District says "The process for obtaining such permission from the District is through an encroachment permit." Its page lists a published fee of $75 if a site visit is required or $25 if not.
• Paradise Valley. The code makes "Continuing or permanent use, work or encroachment in a right-of-way, road, street or alley, drainageway or easement" unlawful "without an encroachment permit issued by the Town Engineer."
• Avondale. For a pool, the code requires "a written approval of the easement holder, which approval shall be recorded with the Maricopa County Recorder's Office."
• Glendale. Plat rules require buildings and structures in easements to be "expressly approved in writing by all public utilities and the City of Glendale which use or shall use the utility easement." See whether a commercial building can be built over an easement.

Note that it is the holders, plural, who sign. One easement can carry electric, gas, communications and a city sewer or water line, so a single yes may not be enough.

The primary sources show a handful of recurring terms. Read your own agreement closely, because the details differ.

• The approval is not automatic. The Fountain Hills Sanitary District's building checklist says "If encroachment permit can be granted, it must be included in the resubmittal of the Building Safety permit application." Applying does not mean the District will grant it.
• It can be revocable. Avondale's revocable right-of-way permits "are subject to revocation at any time in the discretion of the city engineer." That is a right-of-way permit, not an easement agreement, but it shows how a city can frame a permit.
• Relocation can fall on the owner. Buckeye's code says encroachments "shall be relocated, at the sole expense of the permittee/owner of the utility, promptly upon request of the city" when needed for a public purpose.
• Indemnity can be required. Buckeye says "No encroachment permit shall be issued until the permittee has executed and filed with the city an indemnity agreement satisfactory to the city attorney."
• Recording can be required. Avondale's pool rule requires the approval to be recorded with the county recorder.

If the agreement says the holder may require removal at your cost, believe it. Price that risk before you invest in the improvement.

Sometimes the answer is to remove the easement, not to encroach. Cities can abandon an easement that is no longer needed. Mesa's council, for example, adopted a resolution under Mesa City Code 9-10-2 to extinguish a public utility easement, which that code section allows "upon application and payment of the application fee." The Fountain Hills Sanitary District also notes that "In some cases, a public utility easement may not contain utilities and can be abandoned," with an abandonment letter from each utility. Abandonment is a different process from an encroachment approval, so do not mix them up.

1. 1Get the recorded easement and plat. See how to find the utility easements on your commercial property.
2. 2Identify every holder. Cities, electric, gas and communications providers.
3. 3Locate what is in the strip. A locate and a pothole at crossings tell you where lines actually run.
4. 4Submit the drawing and request to the city or district, with written utility sign-offs if the form asks.
5. 5Review the conditions with your attorney before signing, especially removal, indemnity and recording terms.
6. 6Record it where required and keep it with the property file, because a buyer, lender or title company will ask.

HQ Plumbing & Air can document the condition and path of a sewer line with a camera inspection before you apply, with free estimates and upfront pricing.

This page explains general rules and is not legal advice. The recorded easement, any signed agreement, your lease, and each holder's written terms control, so have an attorney review them.