Easements And Covenants
An easement is a legal document which enables one party to use the property of another for specific reasons. DC Water will require an easement from you if any of our public infrastructure crosses or comes very close any of your private property.
A covenant is a written promise between two parties where one or both people pledge to do, or refrain from doing, certain tasks. DC Water will require a covenant from you if (1) any of your private facilities are located in public space or if (2) any of your proposed facilities do not conform to our standards and we refuse to operate and maintain them.
The width of any easement will vary depending on the size and depth of the facility. Your reviewer will inform you of the width necessary in your particular circumstances.
The size and shape of the covenant area will conform to your individual needs and pertain only to the private facilities you intend to install in public space.
An easement is necessary in order for DC Water to enter upon your property to operate and maintain any of our facilities and to clarify and protect both parties from unnecessary confusion and expense.
A covenant is necessary in order to clarify any facilities that either (1) do not meet our standards or (2) are facilities that DC Water does not operate or maintain and will be operated and maintained by the applicant. This agreement clarifies the responsibilities of both parties and their promises to each other in order to protect all parties involved.
Your reviewer will determine the best time to start any easement or covenant necessary for your project. They will coordinate with our Easement and Covenant Specialist, Kevin Harney, so that you can provide the appropriate information at the right time to get your job completed on time. The length of time necessary for this process varies greatly with the size and scope of your project.
When your reviewer determines that your plans are substantially complete and you will need an easement or a covenant document they will coordinate communications between you and our Easement and Covenant Specialist. You will then receive any and all information that you will need to provide and we will prepare the documents necessary for you to sign. Any negotiations from these standard documents will add significant time to your review process.
Any and all DC Water fees for this process are included in your review fee. However, you may incur additional fees if you choose not to use our standard forms or hire someone to protect your interests.
Any additional questions or concerns can be directed to our Easement and Covenant Specialist. He is Kevin Harney and can be contacted by email at Kevin.Harney@DCWater.com or by phone at 202-646-8627.