Legal Question in Real Estate Law in California
They company I work for purchased a lot at a tax sale auction in San Bernardino County. After further investigation I realized that this lot was in a drainage easement and a retention basin is constructed on it. I can not develop the lot, is there anyway around this? Can I sell the lot back to the city since they are dumping storm water on private property.
1 Answer from Attorneys
They are dumping storm water on private property because they have an easement to do so; that gives them every legal right to do it and no obligation to buy it back. You MIGHT have a takings case that the easement is invalid because it takes all use of the property and therefore surcharges the easement, but you would have to hire a local experienced real estate litigator to even get a reliable evaluation of that option.
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