Gravity septic systems can fail too and cause sewage to back up into the house. Also, at least where I live, you not only need the land for your actual drain field but you need to have an area tested and reserved for a replacement drain field in case the original drain field fails. Also, I think from an environmental viewpoint that it is better to be connected to a municipal sewer system than to have your own septic system. If nothing else, I'd try to get the easement even if you intend to go with a septic system so that you will have the ability to connect to the municipal sewer system so in the future if you need to. Here are some of things that can go wrong with a gravity septic system: WHY SEPTIC SYSTEMS FAIL If the partially treated sewage effluent from the septic tank cannot soak into the soil surrounding the leaching system, sewage may back up in the system and overflow into the house or puddle on the surface of the ground. There are several possible causes of this problem. 1. POOR SOIL CONDITIONS A leaching system placed in unsuitable soil, or a system too small for the house it serves or not properly constructed may lead to early failure. In most cases it will be necessary to install a new system to correct the condition. 2. SOIL CLOGGING If sludge from the septic tank is allowed to escape into the leaching system, the leaching system / soil interface will quickly become clogged and form a barrier to further penetration by effluent This condition can be caused by: broken baffles which allow the sludge to flow out of the tank, or failure to pump the septic tank out on a regular basis (2-5 years for a tank that meets the code) causing sludge buildup in the tank to the point where it washes over the baffles. 3. HIGH WATER TABLE During wet seasons the groundwater table can rise into the leaching system area and sewage may be forced upward to the ground surface. This problem is usually the result of improper installation and can be corrected by relocating or raising the leaching area at least eighteen inches above the maximum high water-table. Another possible solution is to install ground water drains around the leaching area to lower the groundwater table if slope and soil conditions warrant. 4. TREE ROOTS The roots of trees and bushes planted too close to the leaching area can sometimes enter and block the pipes of the system. removal of such plants is usually required. 5. HEAVY WEIGHTS OVER ANY PART OF SYSTEM Trucks or heavy equipment passing over the tank or leaching system area can so damage connections, crush pipe and or compact the soil as to render the entire system inoperable. Being aware of the location of all elements of the system and directing traffic around them can prevent such damage. We are having the high ground water problem with our 2-1/2 year old septic drain field. Our land perked just fine and the septic system was installed up to code, but we had an unusually large amount of snow last winter and then an unusually large amount of rain this spring and the ground water tables are higher than anyone can ever remember them being. We've made it though this without any problems and the water table is going down, but it is a worry. We would connect to a municipal sewer system in a heart beat if we could.

You were correct....Very long post :) Well we are having nightmares with our builder and I can tell you know to heed the advice that has been given, RUN...dont walk and get out of that contract asap. If I only had that option know I surely would take it. We can honestly say we would never build with our builder again nor advise anyone else to. I will say exactly what it is and if the builder and builder's agent are lying to you know, believe me it is only going to get worse. It is a good thing if you do have the emails showing what the agent stated to you was included so you do have a paper trail to prove a breach of contract. If the realtor gave you misinformation then that should be on the realtor and builder to eat those cost, not put back on you with a sorry that was incorrect. You may want to check out other builders as well and see what their cost are for upgrades. Not sure what type of gas fireplace you were getting or where you are located but $3,500 sounds expensive for a gas fireplace in a tract home (not custom). Just for reference our builder charged $1,490 for a gas fireplac. If you look at our blog I do have upgrade sheets and prices listed there just to give you an idea of what our builder charged. The information you received that builders don't make any money on upgrade is a straight up lie. That is exactly where builders make money because they know they pretty much have you where they can increase the cost because a) people want to finance upgrades and don't want to pay out of pocket for them later b) somethings are just easier to add on the front end rather than doing demo/remodeling to put them in later & c) alot of people want a turnkey house that when they move in they don't have to do anything to. For these reasons builders know they can and will charge you more than you would normaly pay. It really seems like its a part of building and thhere is not alot you can do about it so you have to make decisions on what you are willing to pay for. The realtor quoted you $300 for LED under cabinet lighting? I wouldn't have believed that to begin with just for the fact it will cost more than that for me to buy my own led bars discounted and do it myself. Did the builder not have a pricelist that you could physically see what you were purchsing and what the actual cost were? I also believe that you need a new agent representing your best intrest as well. Seems like your current agent is more concerned with getting a sale than putting your best interest first. If you do have all the things you mentioned in writing I would see a lawyer quickly before they proceed any further. Building a house is a stressful journey (well it was for us) and to have a builder who doesn't care will only make things worse! well just my .02 cents FWIW, hope it helps Here is a link that might be useful: Our home sell/build blog

I know you can request a waiver from Centerpoint for the portion of the easement that you're encroaching upon. If you don't want to go through that process then you can just have your deck built knowing that Centerpoint has the right to tear it up where it encraoches if they need to. I live in the Houston city limits where the rules are a bit more stringent and they did not measure where my decking ended in relation to the utility easement. They do, however, pay close attention to the distance the water's edge is from the power lines. It must at least be 25' from the power line to the water. Double check and be sure you're not encroaching on the 5' aerial easement as opposed to the 10' regualr utility easement.

I bet the markings are wrong if they run through the new tree, which would have been planted long after the utilities went in. I sure hope you're right. :-) What is in the contract with the 'track' builder? IMO......I would 'never' use a track builder, they make 'everything' in their favor to make the most profit. The builder didn't install the utility lines. ;-) My use of a tract builder had everything to do with being submissive to my husband; I am making the best of my situation. We have the ultimate goal of custom building, but we're using the tract house as a transition home between a 1350 sqft rental (keep in mind we have 6 kids, lol) and the custom house. :-) Other trees can be container grown to get around restrictions. [...] An irrigation system may help. Yeah... I'm already doing some cool container stuff, just didn't want any of them in the middle of the yard. I may have to reconsider. We do have an irrigation system, which is a huge help, for sure. You can absolutely plant on top of utility lines. None are so fragile that a plant will get them. In the rental, we had a rosebush go through plumbing lines... Different animal entirely? But some clarity is in order here - you are talking main lines that are not going to your house - correct? Yes. They traverse the property, go under the driveway, continue on the other side, and *then* go up the side yard. My side yard is a mess of flags, too, which I expected. In my mind, when a utility has a problem with a line - maybe not in your lifetime - and they missed the easement during install, when they come to fix it, you will not let them on your property. You will force them to pay for access and repair everything to as before plus compensation for your misery. This is what my husband said the other day. He was all like, "If they have a problem with their lines, and they want to work outside the easement, we simply say, 'No. Your lines are outside the easement, figure it out without touching anything else. Your problem.' " In other words, just plant all you want and don't worry about it. Yeah, you're probably right. :-) As far as depth, they should vary - electricity is not gas is not cable. I also fail to see what recourse they have if you break anything if they missed the easement. This is what I couldn't find... Everything on 811's website warns about damaging lines, but they seem to assume the lines are legally located. Maybe I'll go ahead and plant stuff, and just pray I don't damage anything *and* that nothing goes wrong later and someone (without permission) kills my magnolias to fix a stupid out-of-easement gas line. Sigh. All because these darn lots are all so small!!! :-D (And we have one of the bigger ones!) Plant where you want (and don't run too afoul of the HOA rules) and I think you'll be fine. Possible you'll hit a cable or phone line if you plan anything of decent size - they are notorious for shallow buries - but that's what they get paid for and since they may be off the easement anyway, I wouldn't feel badly. Okay. I'm starting to feel better about this. :-) I just kept thinking, "If my rosebushes require a 2x2x2 hole, how the heck am I gonna get a magnolia in here????" And, "If roses can go through plumbing pipes [Mr. Lincoln sure loved the sewage], what is a tree gonna do to a gas line???" lol Also the locating people are "not that accurate" (nicest way to put it.) I sure hope this is the case. I'm kinda ashamed I didn't immediately think of this. Perhaps I give too much benefit of the doubt. :-/ And avoid placing something unique or valuable in the easement area that could be removed or destroyed should the utility decide to do any work. IME, they will not pay for replacement plants!! That's the whole point of the easement....that they have free access! Yes, absolutely! That's why I was so upset with this whole mess, lol. There are no markings/flags in the actual easement (which I am leaving 100% bermuda grass), but a zillion things going on 3'-6' beyond the easement toward my front door. I figured they wouldn't pay for plants they damaged, even though my plants would be legal but their lines aren't. I'm all too well aware that if the city wants to, they could take out everything planted there [...] I'm thinking I need to live within city limits, lol. Too much craziness outside of it. Finding a 1+ acre parcel in town is gonna be tough. Dang. If the HOA complains you can show them where the utilities marked out, and if the utilities complain you can show them your original easement that you have in writing. Play both ends against the middle. This is an excellent contingency plan. Thank you! I think chances are approximately zero whatever is there will be moved, even if it's technically outside of where someone else thought it should be. Sigh. Not good news. Oh, well. At least my expectations can be properly calibrated now. Thanks so much to everyone who took the time to respond to my thread. <3