Legal Question in Real Estate Law in California

the city has storm drains that run through the middle of my property that were there when I bought the home. The city has no easement for these and when questioned about purchasing an easement or removing drains, they refused to entertain paying for an easement but want to have one granted for free, otherwise they claim the storm drains are "private" and I must amintain them and am responsible for any damages to neighbors or public property due to failure. I don't want to give away my rights to my property, but will if they are correct in saying they do not need to pay for this easement.


Asked on 4/25/12, 9:19 pm

2 Answer from Attorneys

There is no way to reliably answer your question without reviewing the title and development records for your house. Chances are very good, however, that the drains were installed by a private developer as part of the subdivision and construction process. If the developer never dedicated the drainage system to the city, and/or the city never accepted the dedication, the drains no more belong to the city and the city is no more responsible for them than the gutters on your roof. If that is the case, and there is good probability that it is, then you should be glad the city is willing to take responsibility for them now for no more than a grant of an easement, given the maintenance responsibilities that would go with you owning them.

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Answered on 4/25/12, 10:26 pm


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