My question involves a construction law issue in the State of: California
My licensed contractor recently completed the build of my pool, everything was permitted and signed off, after which I decided to sell my property. I have a buyer, who did a land survey and found that there's an easement between me and my neighbors property. The easement is for an 8inch drain line that runs from the street in-between the two properties and then runs out at the back of the property. The City is now asking for me to sign and ERA -- encroachment on city easement, -- at the initial investigation the city claimed that I had not had the pool permitted and asked me to sign an ERA based on an non-permitted construction. I then proved that everything was permitted so they changed the legal talk to encroachment on the easement with a permitted construction.
The issue at hand is the pool retaining wall which partially encroaches on the easement -- there needs to be 5 feet either side of the drain line for maintenance requirements.
I find it crazy to think that I went through so many inspections to have this pool constructed only to find out after the fact from the city that there's an easement on the property. The city are claiming that I should have known before hand-- the contractor says that they should have been informed by the city planning and engineering department.
My issue is that I went though all the proper channels to have the pool built, the contractor's plans were approved by the city and signed off. If this is the city's property [easement] should the city have spotted this during planning and duly amended the contractors plans? Who is to blame? Can I sue the city for negligence? Would it be better just to sign the ERA be done with it, or try to mediate with the city myself, or sue the city?
Lastly-- the worst thing about this ordeal is when I bought the house it was close to being condemned. The previous owner had so many things on the property which were not to code it wasn't even funny. Moreover, there was 2 encroachments which the city did not do anything about.
I bought the property cash-- and remodeled the property, brought the property up to code, and not only that upon selling the city will receive an extra $4000 in property taxes due to my investment.
My licensed contractor recently completed the build of my pool, everything was permitted and signed off, after which I decided to sell my property. I have a buyer, who did a land survey and found that there's an easement between me and my neighbors property. The easement is for an 8inch drain line that runs from the street in-between the two properties and then runs out at the back of the property. The City is now asking for me to sign and ERA -- encroachment on city easement, -- at the initial investigation the city claimed that I had not had the pool permitted and asked me to sign an ERA based on an non-permitted construction. I then proved that everything was permitted so they changed the legal talk to encroachment on the easement with a permitted construction.
The issue at hand is the pool retaining wall which partially encroaches on the easement -- there needs to be 5 feet either side of the drain line for maintenance requirements.
I find it crazy to think that I went through so many inspections to have this pool constructed only to find out after the fact from the city that there's an easement on the property. The city are claiming that I should have known before hand-- the contractor says that they should have been informed by the city planning and engineering department.
My issue is that I went though all the proper channels to have the pool built, the contractor's plans were approved by the city and signed off. If this is the city's property [easement] should the city have spotted this during planning and duly amended the contractors plans? Who is to blame? Can I sue the city for negligence? Would it be better just to sign the ERA be done with it, or try to mediate with the city myself, or sue the city?
Lastly-- the worst thing about this ordeal is when I bought the house it was close to being condemned. The previous owner had so many things on the property which were not to code it wasn't even funny. Moreover, there was 2 encroachments which the city did not do anything about.
I bought the property cash-- and remodeled the property, brought the property up to code, and not only that upon selling the city will receive an extra $4000 in property taxes due to my investment.
Inspection: Easement Issue
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