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  1. #1

    Default Rain Gutters on My Property

    My question involves real estate located in the State of: Southern California

    I live on a zero lot line, and our neighbor's rain gutter is vertically connected down to our drain that leads out to the street. We had a city inspector come by and they told us that it should not be on our property. But I don't know if there is a way to have our neighbors re-pipe the gutter onto their own property. I want to take preventative measures in case the pipe does break, that their water will not cause damage to my property.

    Does anyone know if this is a suffice reason to have the rain gutters re-routed onto their own property?

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    27,081

    Default Re: Rain Gutters on My Property

    if the neighbors gutters cross the plane beginning at the lot line, it is a trespass. You need no other reason to demand their removal other than that.


    of course this is with the understanding there is no formal easement you are not aware of that would allow the construction as it is.

  3. #3
    Join Date
    Jul 2012
    Posts
    100

    Default Re: Rain Gutters on My Property

    Quote Quoting jk
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    if the neighbors gutters cross the plane beginning at the lot line, it is a trespass. You need no other reason to demand their removal other than that.


    of course this is with the understanding there is no formal easement you are not aware of that would allow the construction as it is.
    Since the city inspector told the OP that the neighbor's gutter shouldn't be on the OP's property, is it safe to say there is no easement allowing that type of construction? Wouldn't the city inspector know if that were allowable?

  4. #4
    Join Date
    Sep 2011
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    OH10
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    13,981

    Default Re: Rain Gutters on My Property

    The easement would be recorded in the deed, not the city inspectors office, depending on the history of the properties.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  5. #5
    Join Date
    Jan 2006
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    27,081

    Default Re: Rain Gutters on My Property

    Quote Quoting lawaholic
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    Since the city inspector told the OP that the neighbor's gutter shouldn't be on the OP's property, is it safe to say there is no easement allowing that type of construction? Wouldn't the city inspector know if that were allowable?

    a city inspector is not going to have knowledge of all the possible easements granted. He would have no reason to know all of them. He is concerned with applying ordinances and code. Easements are created between landowners. It is not the obligation or right of the inspector to enforce an easement created between two private parties.

  6. #6

    Default Re: Rain Gutters on My Property

    Thanks for all your help!

    As for the easement line, we do have a coin size pin on the side walk allowing 5ft from the neighbor's home into our property. But what we were told is that the easement line allows the neighbor to work on their home like clearing out their rain gutters on the roof, or painting their home. It doesn't state that they can have vertical pipes on our property line. Does that change things for us?

  7. #7
    Join Date
    Jan 2006
    Posts
    27,081

    Default Re: Rain Gutters on My Property

    But what we were told is that the easement line allows the neighbor to work on their home
    but who told you that? If I heard it from some people, I would accept it as correct. If I heard it from others (like a real estate agent), I most definately would verify the statement.

    now, for what might be the hardest part:

    to know what the easement allows, you have to find the origination of the easement and read what it actually says to the issue.

  8. #8
    Join Date
    Dec 2008
    Location
    El Dorado County, CA
    Posts
    348

    Default Re: Rain Gutters on My Property

    In a zero lot line subdivision, such easements almost always exist. The subdivision map may have a full description of the purpose of the easements, but you may have to look to the Conditions, covenants & Restrictions (CC&Rs) document which should be filed at the County Recorder's office. The easement may be for maintenance access only, or may have additional designated uses such as for drainage.

    A drainage easement is typically for surface water that travels over the surface to some manner of channel within the easement. Sometimes that will allow the adjoining lot owner to pipe water to the easement, sometimes not. I can well imagine that in such tight confines, the site engineering was such that it accounted for roof/surface runoff from the adjacent lot into the subsurface drainage piping. It would not surprise me at all that the terms of the easement specifically allow for a vertical drain pipe as you describe. Nor would it surprise me if such use were specifically not allowed. The only way to be certain is to get the document or documents that created the easement and address its intended use(s).

    Your deed should have a reference to the Book (or Volume) and Page at which the map is filed. The map may have a recording reference to the CCR's if they were filed concurrently, and may also have references to easement deeds if any pertain to private or public agency utilities such as PG&E or the local Utility Services District. If the notations on the map sheets don't fully describe the purposes of the easements, there should be a reference to whatever document does.

    You get the copies of maps (make sure you get the title sheet as well as the map sheets) and other recorded documents from the County recorder's Office. The purposes of easements dedicated on the map are generally described in the Owner's Statement on the Title Sheet.
    I'm a surveyor, not your surveyor & not an attorney.
    Advice is general survey, not legal. Hire a local professional for specific advice.

  9. #9

    Default Re: Rain Gutters on My Property

    Thank you eapls2708!!!

    Your information really helped. We will look into our deed and check with our county's recorder office. I'll update everyone once this matter is closed to help anyone out there who might have a similar problem. Thank you again for ALL your help!!!

    - - - Updated - - -

    Hi JK,

    Thanks for your input. We heard it from our neighbor actually. They've been living in the neighborhood pretty much since it was built. We are the third owners.

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