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.
1 Answer from Attorneys
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.