Utility Easements: Public Sewer Mains on Private Property

A right to use someone else’s property for a specified purpose. Utility providers are commonly granted easements for utility lines such as power, gas, water, or sewer to service the property. These utility easements typically exist in perpetuity even when the property is transferred or sold.

A sewer main is a large central pipe that collects wastewater from multiple properties and transports it to a treatment facility.

A sewer lateral is a smaller pipe that carries wastewater from the property to the sewer main. The sewer lateral connects an individual building (like a house or business) or drain on the property to a sewer main.

The property owner is responsible for the sewer lateral in an easement area. The City does not maintain, repair, or replace sewer laterals in an easement area.

While most SFPUC sewer mains are located under public streets, some cross under private property. In order for the SFPUC to perform work on a sewer main within private property, the City must have an easement right to access the sewer main for maintenance, repair, or replacement. An easement document may describe location, access rights, use requirements, and approved work.

Maintenance, repair, and replacement of sewer laterals in an easement area is the property owner’s responsibility.

Private sewers were generally installed by developers due to a variety of factors, such as ease of construction, cost of construction, topography limitations, boundary conditions, etc.

Public sewers were installed by the City or have been accepted by the City after being built by another party.
 

A property owner can check:

• Title Report
• Property Deed
• Homeowners Association Codes, Conditions, & Restrictions

The SFPUC will review any documentation that you can provide that might demonstrate the City’s easement right. Please submit any documentation to sewerinspections@sfwater.org. 

Documentation could be in the form of a Title Report, Property Deed, or Homeowners Association Codes, Conditions, & Restrictions.

The SFPUC cannot perform any work on sewer mains that the SFPUC does not have the right to access through an easement right.

Property owners can contact a licensed plumber or contractor to maintain, repair, or replace private sewer pipes if there are issues.

Generally, the property owner cannot unreasonably interfere with the easement holder’s use of the easement area or cause damage to the easement holder’s utility facilities located within the easement area. Some easement deeds may have more specific language. If you believe there is a public sewer crossing under your property, please contact sewerinspections@sfwater.org regarding any new installations besides non-tree vegetation.

If the SFPUC needs to perform maintenance, repair, or replacement activities within an easement area, it’s possible what was built will need to be removed. A case-by-case evaluation would be required.

If SFPUC performs maintenance, repair, or replacement work on a sewer main, SFPUC will attempt to restore the easement area to base conditions as practical as possible; however, at a minimum, SFPUC will backfill. Any special features installed within the easement area without explicit written permission from SFPUC may be subject to removal by the property owner at no expense to SFPUC.

SFPUC or its contractors will contact the property owner to coordinate access to the sewer main. 

If access is not provided for in the easement, SFPUC or its contractors will work with property owners to find a mutually agreeable access path.

If there is complete documentation that the City accepted the easement area, the SFPUC will perform all required sewer main work. However, if there is insufficient documentation, SFPUC is unable to perform the work, so the property owner is responsible for completing and paying for the necessary work.

There are many situation-specific reasons why some sewers are located in backyards. Sewer pipes typically are built to utilize gravity, so their placement can vary depending on topography. The sewer main may have been built by the original subdivider as a private sewer within private land.

If you want to connect your sewer lateral to an SFPUC sewer main, please contact sewerinspections@sfwater.org. 

Typically, no. Sewer pipe maintenance, repair, and replacement can be disruptive, but sewer mains typically have a service life exceeding 75 years.

Any special features installed without explicit written permission from SFPUC may be subject to removal by the property owner at no expense to SFPUC.

As with any sewer main, there is a risk that a large storm overwhelms the sewer main and causes an overflow. 

A typical sewer easement will reserve a homeowner’s right to use and enjoy the easement area, so long as it does not interfere with SFPUC’s operation, maintenance, repair, or replacement of the sewer system in the easement area.  However, you should obtain a copy of your easement to confirm what is allowed and prohibited within the easement area.

Yes, but the SFPUC will not release a sewer easement unless the sewer main is no longer needed and has been properly decommissioned. Releasing an easement requires SFPUC and Board of Supervisors approval per City Charter § 9.118(c).

Typically, an easement will last in perpetuity. A sewer easement becomes part of any property sale, transfer, etc., and is not extinguished.