Why
do I feel fighting the city
isn’t always easy or
in some cases worth it? My new
neighbor is doing some landscaping and repairs to his home that he just
bought
from a bank at the court house steps.
He got a great deal, but the house was
in need of some major repairs and the yard hasn’t been worked on in
probably 20
years. He did everything right. He checked his title for
easements, went to
the city, got permits, got the surveyor to come out mark the lines, and
the
county to come out and put in the lines where he could dig.
Now, this guy was wonderful about the whole thing. He had a tree that hung on to our side of the property and he actually asked if he could take it down. If we said “No” he said he was willing to leave it, but I said go for it, it is his tree and to be honest, I hated cleaning up after it every fall.
But,
even after doing this, within two days of
starting his landscaping, the city came out and fined him $1,000 for
digging up
where there was a clean water easement.
This easement isn’t recorded anywhere, no one told him about it and
none of the
neighbors even knew of it and some of them were here since the houses
were
built in 1977. (Nobody knew what a clean water easement was in 1977.)
So, no recorded easement and nothing
about it when they came out and told him where he could and couldn’t
dig, but
as soon as he did… $1,000 fine! To me this was a set up from
the beginning.
He could take it to court, but his lawyer says it would cost over
$10,000 to
fight and he could still lose, rather than pay the $1,000 and put in
the new
clean water easement to the code of today’s standards. Of course you
need
another permit for that and it will come to about $3,000 to finish it
to the
city standards.
So, though I disagree with the city on this one, sometimes it is just easier to go along with the government rather than fight them. But, if you have unlimited funds, then please, by all means, fight the government, because this is ridiculous!
Todd Clark - Broker / Sales Coach
Palazzo Realty Group
Phone: (503)524-9494
Fax: (503)622-8739
©2009 Todd Clark - Fighting the city isn’t always easy or in some cases even worth it!
Todd Clark and the Friendly Home Team
Knipe Realty
Todd@IFoundYourNewHome.com
Phone: (503)524-9494
Fax: (503)746-9573
I am a licensed Realtor who specializes in Washington County, Oregon and also work in both Clackamas and Multnomah Counties including the cities of Aloha, Beaverton, Canby, Clackamas, Gladstone, Gresham, Happy Valley, Hillsboro, Milwaukie, Oregon City, Sherwood and Tigard. All information contained in these posts are copyrighted and cannot be used without prior written approval authorization from the author me Todd Clark. If you are looking for an outstanding agent please give me a call I would love to help you with all your real estate needs.
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Come to Fentress County, Tennessee....no zoning and no building codes. Yup, you heard that right. I was writing an offer last week and the buyer wanted to know when the Certificate of Occupancy had been issued. When I explained that COs are not issued here, he asked, "Isn't the building inspected during construction?" When I replied that only the electrical is inspected, his wife wailed, "Well, how do you know it's well built!?"
Todd --- it is just so frustrating to "have to go along" , but it is the thing to do for most folks.
Mama Liz
Todd,
This is nothing new! Often there are easements that are recorded against the original subdivision and not against the individual lots, yet they're binding.
In Clark county Nevada (Las Vegas) we have "air easements" you can't subdivided without granting one! This will show up on the title report and no where else. Try explaining it to an out of the area under writer!
Bill
It's amazing what governments will come up with to rake in a few extra bucks. Remember when that Portland pizza place relocated across the street and the city wanted to charge them something like $20,000 for the move? Imaginary easements --- I hope it isn't a trend!
Todd, Yikes! It sounds like your neighbor did everything right...that's too bad there was no point of negotiation from the City side.
I am guessing the city mightbe better with the improvements. I wonder if the news media might be interested in this?
Seems like the deck is stacked against him!
I don't think this is fair. Wha tif the tree accidently died? Could it be removed then?
Lisa, I think it was less about the tree than the leveling of the ground they did. But, either way, how were they to know if they asked, got all the permits and then to be told they broke the rules. I say charge the city official that didn't tell them when they got the permits and the person who didn't record the easement. As for easements that were originally there, my parents were the first house on that street and it wasn't there then!
We have to abide the gov't law sometimes if we think it won't cost us too much. But if you want justice then we have to fight for our rights. For me, this isn't fair Todd but I'll just pay $1000 instead of losing.