Legal Question in Real Estate Law in California

This is a fairly arcane question and not one I can answer from memory. Generally, however, I can tell you that the city ordinance is probably not the main source of your problem. The owner of land burdened by an easement cannot build a structure that interferes with the easement. No sewer line lasts forever, and when the one under your structure fails, the owner of the easement rights will have the right to dig it up and replace it. At that point you will face the possibility of having to demolish the encroaching structure at your expense.

As for the law that prohibits permenant structures over sewer easments, again, I would have to look that up, and legal research is beyond the scope of a free Q&A service. There may be a Health and Safety Code section that governs it, but my guess is that it is covered by local building codes. Because of the way most cities and counties enact their building codes, you may not find it expressly stated in the ordinance either. Most cities and counties have an ordinance that adopts the uniform building codes, and then only sets out any exceptions or modifications. The other source of law prohibiting permenant structures over sewer easements would be the common law of easements I mentioned above, which would require case-law research to find.

I will not say that you are not responsible. However, the structure may be grandfathered in. Is the city asking you to remove it? There may be ways to argue that an easement does not give them the right to tell you what to do with your property, and see if they will give you a no-action letter rather than spend tax dollars litigating it.

Let me know if you would like me to represent you.

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

www.danielbakondi.com

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