Easements

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Why does OC San have easements?

OC San is responsible for maintaining a network of over 388 miles of regional pipelines that transport approximately 185 million gallons of wastewater daily. To ensure the proper management of its regional sewer system, OC San holds easements throughout its 479-square-mile service area.

As a public utility providing an essential service, it is vital to regularly monitor and assess all aspects of our system for necessary upgrades or improvements.

Some elements of OC San’s infrastructure were installed when much of Orange County was still farmland. As cities developed and communities formed, certain neighborhoods were designed with our sewer pipes installed in private yards rather than in public streets. Easements are necessary to ensure access to our sewer system for maintenance and construction purposes, thereby guaranteeing continued service to our ratepayers.

Utility easements are portions of a property reserved for services such as electricity, gas, telephone, cable, water, and sanitary sewer.

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Things to know about easements:
  • Easements are recorded documents that define permitted actions by the property owner, and the entity that holds the easement.
  • OC San has a legal right to access our easements for the purpose of maintaining, upgrading, or repairing the sewer system.
  • OC San easements restrict the construction or installation of permanent structures within the designated area. Easements should remain free of any obstacles, debris, etc. that prohibit or limit access.
  • Easements are necessary to allow access to our sewer system for maintenance and construction purposes to ensure continued service to our rate payers.
Access to OC San easements:

If access to an easement is required, OC San personnel will inform the property owner before entering. In emergencies, it may not be possible to provide advance notice of the access needed; however, every effort will be made to contact the property owner.

Relinquishing an Easement

The relinquishment process only applies to sewer easements containing an abandoned sewer pipe. To begin the process, click here to access the portal.

The portal is designed to help streamline the process and will guide you through each step. Please note that all submissions will go through several stages of approval before being ratified by the Board of Directors.

If you are a developer, please register as a business. If you are a residential property owner, register as an owner. Once inside, follow the prompts to complete the submission. If you have any questions or need assistance, please contact easement@ocsan.gov.

Frequently Asked Questions

What is an easement?

An easement is a defined area of private or public property that grants the easement owner the legal right to use, access, and occupy the easement area.

What is a private right-of-way?

Private right-of-way is a legal easement on private land allowing specific people access (not open to the public).

What is a public right-of-way?

Public right-of-way is land owned or controlled by the government for public use (like roads or sidewalks) and is open to everyone.

Can I build on top of the sewer easement?

Building on top of the sewer easement is not permitted, even if the sewer pipe has been abandoned. However, a property owner can request that the easement be “relinquished.” If the relinquishment process is approved, the property owner can further develop or improve the land.

What is a relinquishment of a sewer easement?

A relinquishment is the formal process by which OC San releases its legal rights to a sewer easement containing an abandoned sewer pipe. This means the property owner regains full control and responsibility over that portion of the land where the inactive sewer line was located.

Why would there be an abandoned sewer pipe?

Sewer pipes may be abandoned when they are no longer needed due to changes in infrastructure, upgrades, or rerouting of the sewer system. Abandoning old pipes is done through a process to ensure structural stability, help prevent maintenance issues, and ensure the system operates efficiently.

How do I know if there is an active or abandoned sewer line on my property?

Residents or property owners can contact OC San at easement@ocsan.gov to request specific information about sewer lines on their property.

Is there a cost for the relinquishment process?

Yes, there is an initial $500 deposit fee, which will be applied toward the total cost of the relinquishment. Private owners or developers must reimburse OC San for expenses related to obtaining property surveys, appraisals, and legal descriptions, and must pay the appraised value of the parcel. Cities and government entities are exempt from these costs.

Why can’t the property be transferred without a fee?

OC San is governed by the Orange County Sanitation District Act (California Health & Safety Code Sections 4700 et seq., including Sections 4730.65, 4730.66, 4740, and 4743). Under Section 4743, OC San may sell, lease, or dispose of any property or interest in property when it is no longer needed or its use won’t interfere with the agency's operations. Because of this, fees are required to cover administrative costs and ensure compliance with the law.