Sewer Easement

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Latest post 06-18-2013 10:53 AM by DPH. 6 replies.
  • 06-17-2013 9:48 PM

    Sewer Easement

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    When we purchased our house, the builder did not disclose the sewer line easement on our property. Therefore, we had concreted the backyard and built a shed on top of the easement line. In 2002, five years after purchasing our home, we refinanced our house and the lender filed a quitclaim deed on the easement. While going over our title recently, we had discovered the 5 foot easement running through our property and against our eastern property line. The owner of the adjacent parcel is going to develop condos on his property and wants to use our private sewer line to connect to the city’s main sewer line. He has demanded us to re-sign the grant deed and has threatened to file a lawsuit against us if we do not sign it. What are our rights? We are worried about the liability and increase in traffic flow in our sewer line.

  • 06-17-2013 10:33 PM In reply to

    • Drew
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    Re: Sewer Easement

    Your post and the prior one are a bit unclear..is ther a deeded easement now in place and what does it say, less names.

    Makes no sense to you cave to a bully.

    Generally a hidden line does not create  an easement

    Personally I don'tlike the words of the new proposed easement..they do not protect you very well ...

    M!y local codes would prevent mixing sewer line contents but Im not in CA.

    So float a counter offer..you grant use of your 5 foot area in return for $100,000 up front and a $2000 annual fee and a shut off valve for nonpayment plus whatever your attorney thinks protects you. Worded more like a 99 year license.



  • 06-17-2013 10:35 PM In reply to

    • DPH
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    Re: Sewer Easement

    ChristineN:
    He has demanded us to re-sign the grant deed and has threatened to file a lawsuit against us if we do not sign it. What are our rights? We are worried about the liability and increase in traffic flow in our sewer line.

    You have the right to tell the developer to "pound sand" unless and until a someone can prove to you that they have the legal right to do what they are proposing.  I would have all of my home/property information reviewed by an attorney, if that would put your mind at ease.  You could also wait to see if they are just "blowing smoke" or if they would actually file a lawsuit.  Your choice.

    You can concrete over an easement if you so desire.  What kind of easement is it on your property?  Is it the utility easement that they want to use or do they want to connect using your sewer line to the main?  If they want access to the main through your line, I would investigate now.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 06-18-2013 1:53 AM In reply to

    Re: Sewer Easement

    ChristineN:
    When we purchased our house, the builder did not disclose the sewer line easement on our property.

    Do you know if this easement was recorded in the county land records before you bought your home?  If so, it is/was legally enforceable.  Did you get a title report to read over while you were in contract to buy the home, and was this easement in the documents?  Who did it say was entitled to use the easement?

    ChristineN:
    In 2002, five years after purchasing our home, we refinanced our house and the lender filed a quitclaim deed on the easement.

    Do you have a copy of this quitclaim deed?  Was it signed by the entity for whose benefit the easement was created (the entity entitled to use the easement), and does it renounce that entity's right to use the easement?

    ChristineN:
    The owner of the adjacent parcel is going to develop condos on his property and wants to use our private sewer line to connect to the city’s main sewer line.

    Do you mean he wants to use the easement to put in his own sewer line?  I'm having a real hard time picturing his multi-unit-sized pipe dumping into your single-family-house-sized pipe!

  • 06-18-2013 8:21 AM In reply to

    • Drew
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    Re: Sewer Easement

    it's a bit odd that a lender would extinguish an easement  ..but they might insist you get it done. In general the grantee of the easement would need to unwrap the grant by a quit claim or some recorded appropriate step .

    The language in your deed does not make sense to me but I.m not a lawyer nor in CA..in general an easement must be granted to somebody for something and that language doesn't.t do it in my eye.

    If the direct neighbor ties into that line he may have some rights but that is not the scope of your question.

    So far there are a lot of holes or unknowns.

    DO NOT sign anything w/o some most careful review of your legal options and your bargaining power.

    As I posted earlier ...if the builders other options might cost him $200,000 more you have considerable barter position.

    I doubt the easement is 5', it's more likely 5 + 5 on each side of the line....check things out with your neighbor!!

    Unless you want to wake up to some huge piece of construction equipment ripping up your pad you need to be more active in where this is headed.



  • 06-18-2013 10:15 AM In reply to

    • Drew
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    Re: Sewer Easement

    Go get copies of your deed(s) , your side neighbors deed(s) and the deed(s ) for the back lot in question as well as every deed referenced in any deed  --your attorney will need to review all that for starters --and go talk to neighbor as to how they are addressing the  bully issues.

    Its possible to set aside a easement for some future use but generally that must be to somebody for something --and that suggests a missing piece of papework  OR there never was a proper grant of an easement.

    The fact that guy in back wants a new grant suggests he is holding  nothing in his favor--but details are lacking and may count a lot. .



  • 06-18-2013 10:53 AM In reply to

    • DPH
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    Re: Sewer Easement

    From your original post on 5/31/13:  "We live in a cul-de-sac and have a 8" P.V.C. private sewer lateral on our lot that connects to the city's main sewer line."

    How do you define "private" in this case?  Do you mean that you personally had an eight inch sewer line installed to handle the sewer connection to the main line?  Is that what you are saying?  I find it very hard to believe that a connection from a private residence would be eight inches in diameter, but I could be wrong.

    ChristineN:
    discovered the 5 foot easement running through our property and against our eastern property line.

    How did you discover this easement?  Is it noted on your property plat in some fashion?  Explain what you have SEEN with your own two eyes that convinces you that there is an actual easement.  I know that where my private sewer line runs from my residence to the sewer connection in NOT an easement.  The main sewer line from the city runs in a utility easement along the rear of my property and that's where the line from the house connects. 

    If you haven't already, you need to make a trip to the county courthouse and pull the plats for your neighborhood.  You might be surprised what you find.  It would be very unusual for only your lot to have a utility easement.  If it is truly a utility easement then it seems to follow that the adjacent property  would have easement also.  Check it out.  If you don't understand it, take copies to a RE attorney for review asap.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

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