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  1. #1
    Join Date
    May 2012
    Posts
    11

    Default Can I Be Permanently Excluded From a Large Easement on My Property

    My question involves an easement in the state of: California

    My property has a storm drain easement, recorded only as part of the tract map in 1966, dedicated to the city (no other "legal description"). It is 15' wide, half on my lot, half on the adjoining lot (7.5' on either side of the property line) running the length of the rear property (185'). It currently has an open concrete channel, and is fenced off (the channel is 8' wide, centered on the P/L, and the fences are 11' apart).

    The county flood control district is now going to "assume(?) the easement, and is planning on replacing the open channel with a 7'x7' underground box channel. However, they are proposing to replace both fences with new ones (on the actual easement lines, 15' apart), and basically have a mainenance alley. My lot is a pie shaped lot on a corner, so this alley would terminate at each end on public streets.

    Since I currently have no access to nor use of the land, and since the proposed construction will expand the area that I will have no access to nor use of, shouldn't that easement be re-written as a full purchase? Why should I be required to continue to pay taxes on a large portion of land (14% of my lot) that I am permanently locked out of and cannot ever use?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Can I Be Permanantly Locked Out of a Large Easement on My Property

    If the easement allows the described use, then that's what was settled back in 1966.

    What is the exact granting language of the easement?

  3. #3
    Join Date
    May 2012
    Posts
    11

    Default Re: Can I Be Permanantly Locked Out of a Large Easement on My Property

    There is no actual legal description of the existing easement, it is only shown on the tract map as "15' Storm Drain Easement", with no other legal description or record. I have not seen any documentation of the transfer to the flood control district.

  4. #4
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    1,956

    Default Re: Can I Be Permanantly Locked Out of a Large Easement on My Property

    Why should I be required to continue to pay taxes on a large portion of land (14% of my lot) that I am permanently locked out of and cannot ever use?
    Are you actually paying taxes on it? Have you verified this with the county assessor?

    There is no actual legal description of the existing easement, it is only shown on the tract map as "15' Storm Drain Easement"
    That is a legal description.

    If they are going to convert to a 7' x 7' concrete box culvert, completely underground, why would they need any fencing at all? That is the question you should be asking of your elected representatives. Once it is boxed in concrete and underground, who would need to be fenced off from it?

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