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Property rights and Easements Question


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#1 TANTRIC-NINJA

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Posted 22 October 2013 - 03:53 PM

Sadly I cannot find ONE single person who will help me in all of SC in terms of understanding rights of the City vs. my property(back yard) rights. So I come to the place where we all pretend to know things....The Huddle.

I come home from work and see two guys with heavy machinery dropping off a storm drain basin in my back yard. It is 4x4 with a man hole cover and they were about to start digging in my yard.

The curb has a storm drain that runs under my property and the city decided to approve, desiginate my back yard as a place to put in a new storm drain to catch excessive water runoff from the other houses...never rally a problem in the 4 year I have lived in my house. I would not have bought it if it had a concrete eyesore postage stamped in the back yard. It will be about 6 inches off the ground.

I am pretty sure I am S.O.L but to not once be notified about this only finding out bc I walked upon it is total ASSSZ! The city does have easement rights and it is withing thiose lines.

Because I kicked the construction guys off my yard I had a meeting where the city planner, contracter and a rep from DR Horton come over and as I had concerns about someone cutting through my yard and injuring themselves on the drain(am I responsible?), being an eyesore devaluaing my property value and digging in the area tearing up my underground irrigation system.

They said they would replace and sod the affected areas, possible shrubbery to hide it and repair my irrigation system.

I do want to hurt these people but my ninja suit in is put away as I swore to never spill blood again.

Does anyone know if I have any right to delay this or appeal it as I have yet to get any notice despite alterations to my property and equipment.

#2 Happy Panther

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Posted 22 October 2013 - 04:16 PM

The property I grew up on had some land taken away to redo a road. There were several town council meetings (or some such nonsense) and my dad fought it all the way. We had 24 acres of pine woodland and my dad spent years making it look nice.

 

End of story was he got a weak check and there was jack-poop he could have done.

 

Anyway after that neat story...my point is there often is a process involved. What they have offered to do is probably fair under the law. I would like to think you could claim damages for decrease in your home vale. If you want to fight it I would get a lawyer and find out if the city missed a technicality or if there is some other obscure regulation you can use. Even if they weren't allowed to approach your property that will not stop them from doing what they are doing.

 

Good luck!

 

Also post pictures.



#3 TANTRIC-NINJA

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Posted 22 October 2013 - 04:21 PM

The property I grew up on had some land taken away to redo a road. There were several town council meetings (or some such nonsense) and my dad fought it all the way. We had 24 acres of pine woodland and my dad spent years making it look nice.

End of story was he got a weak check and there was jack-poop he could have done.

Anyway after that neat story...my point is there often is a process involved. What they have offered to do is probably fair under the law. I would like to think you could claim damages for decrease in your home vale. If you want to fight it I would get a lawyer and find out if the city missed a technicality or if there is some other obscure regulation you can use. Even if they weren't allowed to approach your property that will not stop them from doing what they are doing.

Good luck!

Also post pictures.


Yeah every lawyer in Columbia(The fricking capital) put me off on someone else. I could not find anyone as I booted them off my property last wed...had the meeting this past Monday...not one Lawyer..who advertises real estate law or easements had an interest in this....probally a lose lose..not worth the money type thing.

#4 Happy Panther

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Posted 22 October 2013 - 04:28 PM

Yeah every lawyer in Columbia(The fricking capital) put me off on someone else. I could not find anyone as I booted them off my property last wed...had the meeting this past Monday...not one Lawyer..who advertises real estate law or easements had an interest in this....probally a lose lose..not worth the money type thing.

 

Ah you already went the lawyer route.

 

Man I think you are fugged.

 

Last ditch effort. See if WLTX or anyone has one of those whistle blowers segments. They will not want to deal with it but if you are the guy sitting out front of his house in a chaise lounge with a shotgun you will get some pub.

 

And then the lawyers will be flocking to you.



#5 TANTRIC-NINJA

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Posted 22 October 2013 - 04:47 PM

Ah you already went the lawyer route.

Man I think you are fugged.

Last ditch effort. See if WLTX or anyone has one of those whistle blowers segments. They will not want to deal with it but if you are the guy sitting out front of his house in a chaise lounge with a shotgun you will get some pub.

And then the lawyers will be flocking to you.


Que dressing like a ninja montage...its on!

#6 pstall

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Posted 22 October 2013 - 05:06 PM

do you have the original closing docs that might have something about the easement in there?

 

let me kick around this to my real estate lawyer buddies to see what they say/think.



#7 TANTRIC-NINJA

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Posted 22 October 2013 - 05:47 PM

The easement is there so it is why I am apprehensive. Seems like when they are leaving behing a lovley concrete drain with a manhole cover in my backyard I should be able to recoup some marginal loss of property value...or stop this crap...they should start digging tommorow. Whoohoo!!

I am pretty sure this is some NSA stake out bc I pied one of Venom's posts.

#8 Doyle

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Posted 22 October 2013 - 06:30 PM

It could be worse.  They are getting ready to build one of those six flags over Jesus type churches in my back yard.  I'd take a few deep breaths and let it go.



#9 Darth Biscuit

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Posted 22 October 2013 - 06:34 PM

A lawyer cannot do jack poo until you get a surveyor on it.

Only a licensed surveyor can tell you what's up here. Once the surveyor does his research and review then a lawyer can help.

Let me know if you need some names.

#10 catfang

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Posted 22 October 2013 - 07:41 PM

Your closing docs should have had a survey map in there, and the easement should have been noted on that survey.  Check and if it was marked when you closed, then you're screwed.  You can however try and get them to plant shrubs, etc around it to try and hide it from view. 



#11 TANTRIC-NINJA

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Posted 22 October 2013 - 08:10 PM

I cannot wait to have rabid cat jump out of there!!

#12 pstall

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Posted 22 October 2013 - 10:15 PM

Put up a small pet cemetery and see if that buys you time.

#13 The_Light_Brigade

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Posted 23 October 2013 - 08:23 AM

If I were you, I would make sure the easement is either on your survey map or described in the deed for your property.  If it is I would make damn sure that they kept whatever work inside of that easement.  Unfortunately there is probably not a whole lot you can do to stop it as there is apparently an easement not to mention they can probably use eminent domain.  Usually there are town planning meetings to discuss such projects.  I would plan on attending the next one and voicing your displeasure.  



#14 thefuzz

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Posted 23 October 2013 - 10:09 AM

If you signed the closing docs and the easement was on the plat map that they provided at closing, you don't have a leg to stand on.

 

Sorry.



#15 TANTRIC-NINJA

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Posted 23 October 2013 - 05:31 PM

I will just put sod over it when Im showing the house...hopefully they wont notice.


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