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  1. #1
    Join Date
    Mar 2018
    Posts
    29

    Default 12-14" Stormwater Pipe Cutting Across the Corner of My Property.title Claim

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


    -bought home in 2013
    -discovered in 2016/2017 my stormwater and sanitary sewer utilities cut across into the adjacent lot which was undeveloped.
    -subsequently my title company paid to have the 2 utilities relocated so the sanitary sewer now runs straight down my property and connects in an unmaintained right of way, and the stormwater pipe now makes connection to the outflow pipe of the catchbasin ON MY PROPERTY.

    Now in 2020:
    ----the key thing here is the outflow of the castchbasin on the adjacent lot is a pipe which is 12-14" old brittle concrete which runs under the corner of my property
    -this was undisclosed upon purchase of the property
    -there previously was a garage in this area of my property and I plan to rebuild/remodel the garage using remnants of the garage foundation
    -due to the existence of this stormwater pipe, my plans to develop this part of my property will be negatively impacted because of the County building setback requirements for a pipe of this size
    -as well, there is new construction on 2 adjacent parcels and the County has allowed them to run all stormwater through this same pipe which now goes under MY property.

    My question is, do I have a valid Title Claim relating to the existence of this large stormwater pipe running under my property? What particular remedies could I ask for?

    Thanks!

  2. #2
    Join Date
    Nov 2013
    Posts
    6,887

    Default Re: 12-14" Stormwater Pipe Cutting Across the Corner of My Property.title Claim

    Quote Quoting J Jackson
    View Post
    My question is, do I have a valid Title Claim relating to the existence of this large stormwater pipe running under my property?
    Do you have a valid claim of what and against whom?

    By how much do you violate the County setback? You can always apply for a variance to the setback.

  3. #3
    Join Date
    Mar 2018
    Posts
    29

    Default Re: 12-14" Stormwater Pipe Cutting Across the Corner of My Property.title Claim

    -I mean a valid claim against the title company for this undisclosed title defect
    -the pipe size will require a setback of 10-15ft....the lot is only 40ft wide...I haven't built the garage yet though there are the remnants of the foundation I may utilize...the existence of this pipe definitely impacts what I do with the property now
    -they granted the neighbor a variance to run the new 12" pipe right along the property line I share with him...so maybe you're right

  4. #4
    Join Date
    Sep 2010
    Posts
    19,667

    Default Re: 12-14" Stormwater Pipe Cutting Across the Corner of My Property.title Claim

    I'm going to assume you had title insurance which is why the title company paid something to begin with.
    Building rules for things aren't generally covered. If the outflow is someone on easement in place at the time the policy was issued you might have a claim.
    This is a bit complex for imprecise discussion at a distance. If the title company won't resolve your issue on the policy, you'll need to take everything to a real estate attorney.
    Rules for variances and other exceptions are highly local and again we're not likely to be able to help you there though in most places these days due to some court cases, variances are hard to get unless you're precluded from any use of your property.

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