May 25, 2009
I live in Northern Cali - remodeling backyard and part is on a city easement - risky?
I live in a townhouse in northern california. I'm remodeling my backyard and putting in a new retaining wall along the fence and a hot tub along the fence as well. When the plans were pulled from the city - the retaining wall area is along the city easement. I would have to scrap my whole plans and I've already spent thousands of dollars. How risky is it to build on a city easement without a permit?
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Comments on I live in Northern Cali - remodeling backyard and part is on a city easement - risky?
You run the risk of throwing all that money away anyways. The city can be a no holds barred beast and if its their stuff you have absolutely no control. I once helped build a new driveway for a friend. It looked great and it was even on her property but the main sewer system ran beneath it and they did not allow her to build anything there. The inevitable occurred and one rainy season the city went out there jack hammered it all up and replaced a damaged pipe. She tried to sue but all they gave her was level finish ground after they were done replacing the main. Hope this helps…
If the city decides to do something on the easement…they can do it.Dig it up ..Put pipes in..spray for mosquitos..what ever and they do not have to tell you. They spray and it gets on your property or in your yard or hot tub…who knows ..something for you to think about.
stop wasting your money. If you build over an easement they have a right to come in and do whatever they need to that area and if it means move your stuff they will. You should have gotten a prelim from your escrow/title company when you bought that place which would have disclosed all easements and so forth. you cannot obstruct the right of an easement. Best to stay away and doing something else, as stated by someone else they have all rights to access that area by any means and dont' have to repay or replace anything you built. Plus you can get slammed with liens and notices of non-compiance against your property for removal and for not getting a permitt. you can really make it worse on yourself to continue.