Pool Construction Conflicts With Neighbor's Easement

I live in orange county CA and I am having a large despute with my association over a pool I am building. I live on a property that has a zero lot line. The easment in my back yard I have been told by the county is paid for by me (property tax). My association told me that I have taken land from neighbor and will not approve it. The city has approved it and gave us are permit and has checked all of are setbacks and signed off on them. This has been going on for 6 months and the association has proven nothing about the property line in the 6 months now. I have been to the city and the county they both said it is right. I have gone back to the association to ask if I could put the patio deck back in because I cant live with my yard bieng dirt and mud anymore and they still say no. I NEED HELP:wallbang:

Your post is quite confusing.

If you have a zero lot line lot, where do you have room for a pool.

you speak of an easement but do not describe it. If there is an easement across your prpoerty, which is what it sounds like since you are paying taxes on it, you cannot build on the easement unless the easement agreement allows it.

My lot is 5000 sq ft so a pool fits nicley. The easment is between my nieghbors house and mine, the fence comes off the back of the nieghbor house. The county calls it a exclusive rights easment for me and that I pay taxes on it and that it changes the way the county views the property line(this is why I now pay the taxes on it). The easment is 3 1/2ft wide by the lenght of my property. People in my track have built their patio and step up to a spa all the way to the foundation of the next property with no problem. It is a non exclusive rights easment for my neighbor giving them the right for repair and maintenance to the side of their house only and I have not blocked that in any way. My pool is 3 ft from the fence and that is city code. the inspector has looked at it and signed off on it. My association say's that I do not pay the taxes on it that my neighbor does and that I have taken land from them ( this is exactly what the letter they sent me says. Thanks for your responce

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The county calls it a exclusive rights easment for me and that I pay taxes on it and that it changes the way the county views the property line(this is why I now pay the taxes on it).

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wwell, it doesn't really matter how the county views it. What matters is how this is listed on your and the neighbors deeds. As well, it is not an exclusive easement. Additionally, since the property is yours and the neighbor has an eassement on your property, then of course you are going to pay the taxes on your property. That does not give you control of it if their is an easement that allows them use of it.

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The easment is 3 1/2ft wide by the lenght of my property.

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Ok, so you cannot do anything that would prevent the dominant tenant from utilizing any of the 3 1/2 feet as allowed per their deed.

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People in my track have built their patio and step up to a spa all the way to the foundation of the next property with no problem.

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Differnent situatiuon possibly? Withour seeing their deeds and any germane restrictions and allowanecs, cannot comapare the two sitiuations.

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It is a non exclusive rights easment for my neighbor giving them the right for repair and maintenance to the side of their house only and I have not blocked that in any way. My pool is 3 ft from the fence and that is city code.

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If the easement is 3 1/2 feet, then you have blocked them from using their easement. They are allowd the fulll 3 and one half feet. You cannot build on any part of that easement.

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the inspector has looked at it and signed off on it.

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Inspectors do not concern themselves with deed restrictions, only ordinances.

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My association say's that I do not pay the taxes on it that my neighbor does and that I have taken land from them ( this is exactly what the letter they sent me says.

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Well, it sounds like your HOA may be mistaken in their reasoning but are correct in their action.

If you believe you are correct, then hire a local atorney and sue them but from what you have posted, you are in the wrong here, not them and their decision.

Thanks for your input, my deed says that I own 5000 sq ft but my association is trying to tell me that I only own 4536 sq ft and this is where my problem lies. All I have been trying to prove is that I own 5000sq ft and not 4536 and I have given them the legal paper work from the county assessor's office that states this and they do not care, they say that they are using what they have from 1986 plot plans and that my deed is wrong, but the assessors office and my deed say 5000.12 sq ft. thank's for your help.

One other thing is that my lot is the dominant lot.

if you are the dominant tenant, then you have an easement on anothers property. If the easement is on your property for others to use, then you are the serviant tenant.

so, it matter not what the association claims and is on a plat. Plats are origianl designs and things can change over time. What the assessors office has can be wrong as well. The only way to prove this is to have a survey done to prove what is what.

Bottom line, you cannot build on the easement, regardless of whom owns it. If it is actually part of yourproperty, you cannot build on it because you would be stopping the dominant tenant from the use of the easement. If it is anothers property, well, that is pretty simple since it is not your property so of course you cannot build on it.

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Quoting runnin 9s

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One other thing is that my lot is the dominant lot.

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from what you explained, your lot is the serviant tenament, not the dominant. The serviant tenant is the owner of the property. The dominant tenant is the one allowed, per the easement grant, to use the easement on anothers property.

I agree with jk.

It sounds like you are the servient tenant to a 3.5 foot wide easement along your property line which I am going to guess is about 132 feet long.

Is this a good guess?

If it is, your problem with the association is that they are subtracting the square footage of the easement from your buildable area as you are not allowed to build anything on it.

I'll bet you are right LS.