Legal Question in Real Estate Law in California

Utility & Drainage Easements

We have a Utility & Drainage Easement on our property ... a cement swail which is supposed to drain water. We built a deck over a portion of it which does not impeed the use of the swail. We are being told we "may be in violation". Is there a legal document somewhere that says what constitutes a violation? Before we tear out the deck because "we may be in violation" I'd like to find a document that confirms it. Any help would be appreciated.


Asked on 9/22/99, 6:56 pm

1 Answer from Attorneys
Joshua Genser Joshua G. Genser, Attorney at Law

Re: Utility & Drainage Easements

The first place to look is at the document that created the easement.

If you have a title report from when you bought your

house you might have a copy in there. If not, ask a

title company for help getting a copy of it. However,

odds are the document won't be all that revealing.

The only certainty in the law is what a judge decides

after a trial. You can get an educated guess about

what a judge would decide if your dispute over the

easement were to go to litigation from an experienced

real estate lawyer.

Read more
Answered on 9/23/99, 4:33 pm


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