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  1. #1
    Join Date
    Aug 2014
    Posts
    15

    Default Removal of Shared Steps Without an Agreement

    My question involves real estate located in the State of: CA

    I own a newer home in the mountains, next door to an older home that is not in compliance with setbacks/zoning code. I have a large concrete driveway/retaining wall and own a three foot section of land adjacent to that driveway that provides access downslope. The three foot access area widens out after you get past my driveway to my yard, deck, and hot tub. In the mountains fences are not common so my property is not fenced.

    There were railroad tie stairs that straddled my property line with the previous owner of this older home and we both used them for access. The railroad ties were about 6 to 8 feet wide so I owned 3 feet of it and the other owner owned the remaining 3 to 5 feet. A new owner came in and without a property survey or permits, tore out the stairs, graded the entire slope, and put in a driveway and retaining wall. The retaining wall holding up the driveway at top of slope encroaches on my three feet of property.

    I did get a survey and called the County so the project has been shutdown pending engineering and permits. Turns out the new property owners plan to put in a stairway on their property and fence it. Do I have any recourse since they graded on my property, constructed three feet of retaining wall, and removed our common stairs? They plan to leave my three feet of property in a graded, unfinished state so that I have to figure out how to stablize it/provide stairs for access to my yard.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Removal of Shared Steps

    Were the steps that were formerly in place there as a matter of mutual agreement by former owners, or is there an easement for a shared stairway for access to the properties?

    What is it that you hope to accomplish? Are you planning to put steps in on your side of the property to replace the steps that were removed, or are you going to leave things as they are?

    Were the steps deteriorated? If they were rotted to the point that they needed to be removed, even if you want to put in steps to replace the ones that were removed, you may not have much of a damages claim for the trespass and removal of the old steps. The same is true if you prefer to leave the property as it presently sits, graded with no steps in that location.

  3. #3
    Join Date
    Aug 2014
    Posts
    15

    Default Re: Removal of Shared Steps

    There was no formal easement that I am aware of. The neighbors owned half of the stairs on their property and I owned half of the stairs on my property. The former owners and I both used the stairs and they were clearly there to access both of our properties. I actually have a small yard shed at the bottom of the stairs on my property. However, there was no agreement in writing. The stairs were not rotted and were in use. The new property owner wants to fix up and resell so they are putting in several improvements, which is the reason they were removed.

    Since Code Enforcement is on it now (they graded and did all this work without permits), i am waiting to see what ultimately gets built - I understand the new owner is being required to prepare a site plan for approval by the County to ensure all property boundaries and setbacks are adhered to. I am deciding whether to take them to small claims afterwards for the cost to return my property to pre-existing condition. Had they done things the right way (property survey, spoken to me about it, adhered to setbacks, gotten permits, etc), I wouldn't do that. But at this point, i am out $1000 for a property survey since they refused to get one and its been a TON of stress.

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