Thinking about adding a deck, fence, or new trees along the fairway in Wedgewood? On golf-side lots in Powell, the invisible lines that matter most are often easements, not just property lines. If you understand them up front, you can plan with confidence and avoid costly surprises.
In this guide, you’ll learn what easements are, how drainage, utility, and view easements commonly show up around Wedgewood golf-side properties, and the steps to verify records in Delaware County before you buy or build. You’ll also get a clear checklist to use with your title company, surveyor, HOA, and local officials. Let’s dive in.
Easements explained for golf-side homes
An easement gives someone the right to use a portion of your land for a specific purpose, such as drainage, utilities, access, or preserving a view. It is a non-possessory right, which means you still own the land, but the easement holder has limited use rights within the recorded area.
Easements often “run with the land.” When properly recorded, they bind future owners, not just the current one. They are different from zoning setbacks and from HOA covenants. All three can apply at the same time, so a structure that meets zoning could still violate a recorded easement.
Easements are usually created by written grant or reservation, but they can also arise by implication, prescription based on long-term use, or necessity. In modern golf communities, most are recorded on plats, in deeds, or in the HOA’s covenants and restrictions.
Common easements near the fairway
Drainage easements: what to know
Drainage easements let stormwater flow across and under lots and give crews the right to access culverts, swales, pipes, and basins for maintenance. You’ll see the location and width on a recorded plat or a survey, often along rear or side lot lines.
Practical impacts:
- You usually cannot place permanent structures within the easement. That includes sheds, patios, footings, and deep-rooted landscaping without written consent.
- Maintenance crews may enter as needed and may use heavy equipment to repair lines or reshape swales.
- Grading can change over time and wet spots can appear. If you add improvements that block flow, you may be required to remove them and fix any damage.
- The party that holds the easement typically maintains the drainage features. This could be a municipal engineer, HOA, developer, or golf club, depending on the recorded document.
Utility easements: keep corridors clear
Utility easements provide space for electric, gas, water, sewer, communications, or irrigation power and controls. They can be underground or overhead and are often granted to specific companies.
Practical impacts:
- Trees, pools, and structures are restricted in these corridors. Utilities may require a clear zone for future work and can remove conflicting vegetation.
- Always contact utility locators before digging. Call 811 to mark lines and avoid safety hazards and liability.
- Utility easements remain effective even if the company’s name changes due to mergers. Successors usually inherit the rights.
View easements and sightline rules
Some golf communities adopt view or scenic easements to preserve sightlines to the fairway. These may restrict fence height, tree growth, or the design of rear elevations.
Practical impacts:
- Expect limits on tall plantings, privacy screens, and certain fence types in protected view corridors.
- Enforcement can come from the HOA, the golf club, or neighboring owners, depending on the recorded language.
- Documents can be time-limited or perpetual. Remedies can include removal and fines.
Access and maintenance easements
These easements allow course staff, contractors, or public crews to reach paths, drains, or irrigation features. You must avoid blocking access routes, even temporarily.
Conservation or open space easements
While less common, conservation easements can protect habitat or preserve open vistas. These place substantial limits on development and landscape changes.
Powell and Delaware County basics
In Powell and Delaware County, recorded instruments such as deeds, plats, and covenants are filed with the Delaware County Recorder. Subdivision plats often show utility and drainage easements and include standard notes about what is allowed.
For stormwater, the Delaware County Engineer and the City of Powell engineering or stormwater divisions keep records of public systems and any drainage easements accepted for maintenance. In some developments, drainage is privately maintained. In those cases, the developer’s documents or the HOA’s covenants will control responsibilities and standards.
Municipal permits and zoning are separate from easements. Even if you meet a setback, you can still violate a recorded easement. Before you design improvements, confirm both the zoning rules and the exact location of easements on a current survey.
How easements affect improvements and upkeep
Common questions from golf-side owners
- Can you build a deck, shed, pool, or fence inside an easement? Usually not without written consent from the easement holder. Permanent structures are commonly prohibited in drainage and utility strips.
- Who fixes a failing drain or utility in the easement? The easement holder typically maintains its own system. If a homeowner’s unauthorized work caused the issue, the owner can be liable for repairs.
- Can the golf club trim trees on your lot? If there is a recorded maintenance or view easement, or if the CC&Rs allow it, the club may trim or remove items to preserve sightlines or access.
- Do easements affect value? They can. Restrictions that limit yard use or building can affect marketability. A well-managed scenic easement can also be a selling point for buyers who value protected views.
Real-world restrictions you may see
- “No permanent structures within 15 feet of rear property line.” This language often covers a combined drainage or utility corridor.
- “Easement for irrigation and turf maintenance.” Course staff can enter to service irrigation and related infrastructure.
- “View corridor easement.” Trees, fences, or screens above a set height may be prohibited within a defined zone.
Risks of ignoring easement terms
- You can be required to remove unapproved improvements at your cost.
- You may be liable for damage to utility or drainage systems, and fined under HOA rules.
- Title and lending can be complicated by unresolved easement conflicts.
Verification checklist for buyers and owners
Use this step-by-step list before you buy in Wedgewood or before you plan any improvements along the fairway.
Before you buy
- Obtain a title commitment. Review all easement exceptions and confirm the grantee, purpose, and whether the rights are perpetual or time-limited.
- Order an ALTA/NSPS survey. Map exact easement widths and locations against the home and your planned improvements.
- Review the recorded subdivision plat and the HOA covenants. Look for drainage and utility notes, view protection clauses, and maintenance obligations.
- Request seller disclosures and any maintenance records. Ask about prior access by crews, drainage performance, or any disputes.
- Contact the HOA and the golf club. Confirm any recurring practices like annual trimming or equipment staging and request written policies.
- Check with local offices. Reach out to the Delaware County Engineer and the City of Powell engineering and planning teams for stormwater acceptance records and permits.
- Ask utilities to mark lines and confirm easement corridors. Call 811 before any digging.
After you buy, before you build
- Reconfirm the final title policy and ensure survey-related exceptions are addressed where possible.
- Secure written consent from easement holders if your plans touch any easement area.
- If you want to relocate or vacate an easement, consult a local real estate attorney. Be prepared for approvals and possible compensation. Public drainage easements are rarely moved without an equivalent replacement plan.
- Record any formal modifications so future owners and lenders see the changes.
Who to involve
- Title company for the commitment and endorsements.
- Licensed surveyor for an ALTA/NSPS survey and clear mapping.
- Local real estate attorney for interpretation and negotiation.
- City and County engineers for drainage and right-of-way questions.
- HOA and golf club management for CC&R and maintenance practices.
- Utilities and 811 for safe digging and corridor verification.
Solutions and negotiation tips
During purchase:
- Ask the seller to obtain written acknowledgment from easement holders if you have specific improvement plans.
- Request title insurance endorsements that clarify survey and easement exceptions when available.
- Negotiate a contingency that lets you cancel or adjust price if an easement conflicts with your intended use.
If an easement creates a conflict after closing:
- Explore relocation with the easement holder. Minor shifts can be possible with private holders for a fee. Public drainage easements are harder to move.
- Use the HOA’s dispute resolution or mediation process if there is a CC&R conflict.
- Document all approvals in recorded instruments to avoid future uncertainty.
Bringing it all together
Easements are part of what makes golf communities function, and they can protect the look and performance of Wedgewood’s fairway edges. They also limit where you can build and plant. When you confirm the records, get a precise survey, and coordinate with the HOA, golf club, utilities, and local offices, you reduce risk and keep your options open.
If you are eyeing a Wedgewood property or planning improvements along the course, a focused due diligence plan will save time and money. Pair a strong title review with an ALTA survey and clear written approvals from anyone who holds rights on your lot. If questions arise, consult a local real estate attorney and your surveyor for guidance.
Ready to evaluate a specific home or plan improvements with confidence? Reach out for a calm, step-by-step approach that respects your goals and safeguards your investment. Start the conversation with Unknown Company.
FAQs
What is an easement on a Wedgewood golf-side lot?
- An easement is a recorded right that lets another party use a defined part of your land for a specific purpose such as drainage, utilities, access, or view protection.
How do drainage easements affect backyard projects?
- Drainage easements usually prohibit permanent structures and deep-rooted landscaping in the easement area and allow crews to enter for maintenance or repairs.
Who maintains utilities or drains within the easement?
- The easement holder typically maintains its system, but if a homeowner’s unapproved work causes damage, the homeowner may be responsible for repairs.
Can the HOA or golf club control tree height or fences?
- If there is a recorded view easement or CC&R restriction, the HOA or golf club can enforce height limits and may require removal of items that block protected sightlines.
What records should I check before buying in Powell?
- Review the title commitment, subdivision plat, and HOA covenants, order an ALTA/NSPS survey, and confirm drainage acceptance and permits with the county and city.
Can I ever build inside a utility or drainage easement?
- Only with written consent from the easement holder and appropriate approvals. Many holders do not allow permanent structures because they need access for future work.
Why call 811 before landscaping or digging?
- 811 marks underground lines so you can avoid safety hazards, prevent service interruptions, and reduce liability for damage.
