Legal Question in Real Estate Law in California
The County built an above ground sewer lift station (LS) instead of a road in public right-of-way on 1/3 of our property. They also blocked access with a locked gate. Did the county effectively abandon or vacate the ROW? The sewer district is separate from the county now. ROW dedicated in the 50s to extend the road across our property to the adjacent Water district., LS was built in the 60s, but added to as recently as last month. Sewer District separated from County in 2012. Can we force vacation of the ROW? County wants lots of $$$ and concessions we are unable to give - like a fire truck turn-around. The LS overflows onto our property and into the stream when the copper wire is stolen, so we set up security cameras for the LS. A utility service easement instead of a ROW would free up use of most of our property.
1 Answer from Attorneys
I think your question leaves out some key facts, such as why the county is asking you for any money or concessions. For what? They don't ask for money in order to occupy your property as they have for 50 years +/-. You need to lay out the whole story to a real estate attorney who is knowledgeable about land use and land titles.
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