I am in escrow on a lot within the city of Los Angeles. Some 20-30 years ago, LADWP strung primary power lines perpendicularly across the lot. In the early 90s, the then owner tried to quiet title pro se but DWP allegedly threatened him (something to do with police powers) and he gave up, withdrew his suit and sold the property for a fraction of its value. I discovered all of this during my due diligence. There is no recorded easement on the title, and the title company are currently unaware of any prescriptive easement claims.
I visited the DWP to see if they would relocate the lines or permit construction of a dwelling beneath (as I said they are primary/distribution lines that are fairly high up). They found a right of way document for the pole, but the lines were to have been strung along the street and not across the lot. They did not produce any documentation about an easement, though the gentleman at the counter told me they would likely claim to have an easement by prescription and refuse to move the lines.
I'm roughly familiar with the requirements for prescriptive easements and adverse possession. I believe that LADWP have *mostly* everything required for a prescriptive easement in this case. HOWEVER, I am wondering about the issue of exclusivity. As I understand it, in CA, an easement by prescription must not prevent the burdened land owner from use of the property - as I understand this is because the courts do not want an easement by prescription to be de facto adverse possession but without the property tax payment requirement.
In this case, the existence of the overhead lines renders the lot totally unbuildable and therefore close to valueless (these are primary/distribution lines, not just local drop). Does this sound like I may have a case to quiet title and force them to move the lines? And if I do, there's of course the practical matter of whether or not it is worth it to litigate this issue.
I am hoping that they will be reasonable and agree to relocate the lines, as I have heard they've been lately, making this moot. But if they do not, or if they want an exorbitant amount of money, I am wondering if I have a case here.
Thanks.
I visited the DWP to see if they would relocate the lines or permit construction of a dwelling beneath (as I said they are primary/distribution lines that are fairly high up). They found a right of way document for the pole, but the lines were to have been strung along the street and not across the lot. They did not produce any documentation about an easement, though the gentleman at the counter told me they would likely claim to have an easement by prescription and refuse to move the lines.
I'm roughly familiar with the requirements for prescriptive easements and adverse possession. I believe that LADWP have *mostly* everything required for a prescriptive easement in this case. HOWEVER, I am wondering about the issue of exclusivity. As I understand it, in CA, an easement by prescription must not prevent the burdened land owner from use of the property - as I understand this is because the courts do not want an easement by prescription to be de facto adverse possession but without the property tax payment requirement.
In this case, the existence of the overhead lines renders the lot totally unbuildable and therefore close to valueless (these are primary/distribution lines, not just local drop). Does this sound like I may have a case to quiet title and force them to move the lines? And if I do, there's of course the practical matter of whether or not it is worth it to litigate this issue.
I am hoping that they will be reasonable and agree to relocate the lines, as I have heard they've been lately, making this moot. But if they do not, or if they want an exorbitant amount of money, I am wondering if I have a case here.
Thanks.
Use and Enforcement: California - Pue Exclusive
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