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  1. #1
    Join Date
    Jun 2019
    Location
    Sacramento area
    Posts
    1

    Default Puc Encroachment Issue

    My question involves a consumer law issue in the State of: California

    We have a large (over 120 square feet) sitting partially within the PUC easement at the back of our property. It has been in the same spot for at least 25 years or more. It is impossible to move due to mature trees that have grown around it and we do not wish to simply tear it down.

    Is it possible to get a waiver or something from the PUC so that we can go forward with a building permit that has the shed location as an encroachment condition and get the condition lifted?

    Thanks,

  2. #2
    Join Date
    Jul 2018
    Posts
    1,656

    Default Re: Puc Encroachment Issue

    Quote Quoting Baws
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    We have a large (over 120 square feet) sitting partially within the PUC easement at the back of our property.
    There seems to be a word missing from this sentence. A large what?


    Quote Quoting Baws
    View Post
    It is impossible to move due to mature trees that have grown around it
    That doesn't make it impossible. It just makes it difficult/expensive.


    Quote Quoting Baws
    View Post
    Is it possible to get a waiver or something from the PUC
    In the abstract, virtually anything is possible. You won't know until you contact the PUC and ask.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Puc Encroachment Issue

    In short, no

    the puc is not going to diminish their easement. They have the easement they have for a reason.

    i have seen where the utilities have chosen to ignore an encroachment. In such cases the encroacher needs to understand the utility could come through at any time and remove the encroachment, and usually in a not so nice fashion.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,143

    Default Re: Puc Encroachment Issue

    Quote Quoting Baws
    View Post

    Is it possible to get a waiver or something from the PUC so that we can go forward with a building permit that has the shed location as an encroachment condition and get the condition lifted?
    Contrary to JK's comment, it's possible to get the easement waived if the easement is decades old and hasn't been used, especially if the utilities have been placed elsewhere.

    It's up to the utility companies. You'll have to contact them and ask.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Puc Encroachment Issue

    Who said the easement wasn’t used?

  6. #6
    Join Date
    Mar 2013
    Posts
    17,143

    Default Re: Puc Encroachment Issue

    Quote Quoting jk
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    Who said the easement wasn’t used?
    I'm considering possibilities and speaking in generalities.

    Notice the word "if" in my comments.

    And the suggestion to contact the utilities.

  7. #7
    Join Date
    Jul 2018
    Posts
    1,656

    Default Re: Puc Encroachment Issue

    Quote Quoting jk
    View Post
    Who said the easement wasn’t used?
    Are you familiar with the meaning of the word "if"?

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