Old sewer line causes property problems for Huntington Beach homeowners
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- čas přidán 25. 01. 2024
- Some homeowners in Huntington Beach may lose access to parts of their property because the county needs to dig out an old sewer line. Michele Gile reports.
While OC San is willing to pay to have structures removed, that doesn't reimburse them for monies invested or loss in property value. Then, the matter of property taxes paid based on purchase price and improvements. If there were building permits, why were they permitted to build over the easements? 😢
It looks like maybe they weren't permitted and went ahead anyway? People do a lot of things when they think they are entitled to do so.
@@MeMeDaVinci I wouldn't make that leap. The work looked like contractor grade work. Most pull permits.
@@MeMeDaVinci Permitted, the City has claimed "indemnity" despite having knowledge the alleged restrictions that are not listed on the title report. The easement is listed, though it does not have the details about the prohibition to build on the title report. Further, OC SAN had knowledge of alleged encroachments and that the City was issuing permits and did not notice residents or interact until last year when they sent their first such notice. They admitted in the LA Times article last weekend that they have not managed or maintained their easements for 60 years and were told to start in just in 2021. They expect to restrict use indefinitely if/when easement is cleared (to clarify, the Pipe occupies 6' of the 30' easement, which includes an 11' access road...there are alternatives to tearing up the backyards as only half that pipe is sitting under the back fence, yet they want to take 20' of the backyards within our fence... bit of a mess).
@@karenbuckner1959In that case the residents should go after those contractors.
Then again, these are nice improvements in a nice area, I wouldn't be surprised if the residents themselves (or those from whom they bought the house) are contractors that did the work themselves, without a permit.
uh the easement is recorded and you are not supposed to build anything permanent over the utility easement. When you signed off on the disclosures when you bought the house you acknowledged this fact. Maybe plant flowers or lawn but nothing like a playboy mansion style grotto or therapy pool. These people should have known better. Wishful thinking or selective memory does not make reality go away.
OC Sanitation's expectation is that all permitted structures be removed and NO further use of this 1200 square feet be allowed...that is a clear over reach of the easement as defined. The easement is listed, though it does not have the details about the prohibition to build on the title report. Further, OC SAN had knowledge of alleged encroachments and that the City was issuing permits and did not notice residents or interact until last year when they sent their first such notice. They admitted in the LA Times article last weekend that they have not managed or maintained their easements for 60 years and were told to start in just in 2021. They expect to restrict use indefinitely if/when easement is cleared (to clarify, the Pipe occupies 6' of the 30' easement, which includes an 11' access road, which they use today ...there are alternatives to tearing up the backyards as only half that pipe is sitting under the back fence, yet they want to take 20' of the backyards within our fence... bit of a mess).
@@PhilipRizzo-hq4lv Nothing you've stated changes the fact that those residents should've known better. Sorry.
Pull the Title Policy …. Get an attorney
What a crappy deal 😆😆🫵
I understand it’s bad that these people have been notified of the sewer line, but they knew that there were sewer lines underneath that house when they bought it they knew there was an easement. That’s why that one lady had to have an above ground pool because she couldn’t go below ground because the giant pipe is there. People probably thought they’ll never upgrade that pipe or fix it but that’s not true at all everything is getting so old that things need to be replaced and those people are going to lose. The backs of their homes are going to lose it and they’re gonna get paid very little for it. I feel bad so much for the owners, but they knew about it for years about the easement and if they didn’t, they should’ve paid more attention
The sewer lines don't run under the house, but along the back of the properties. It would be unusual for an easement to give the utility the right to wall off the easement area. The easement should have shown in the title report and on the deed, if the homeowners read them, or understood what an easement is, its limitations on their use/ restrictions of the easement area, etc. The current owners probably didn't install the back fences, so may not have had a clue to look for an easement. I would have expected the building department to have information on the utility easements, and that should have come up when applying for permits.
@@karenbuckner1959 The Title Report simply list that an easement exists, that is acknowledged by all. What is not made clear in this report is the fact that OC Sanitation claims THIS particular easement has provisions that prohibit all construction - that detail is NOT in the title report and while there is some language open to interpretation on the actual 1959 easement that was awarded prior to the subdivision even being built, even that took extra work to pull from the Assessor's office. The subdivision itself would violate the OC San definition of this easement - yet it was approved by the city, along with 231 permits awarded on the easement over the last 60 years. OC Sanitation's expectation is that all permitted structures be removed and NO further use of this 1200 square feet be allowed...that is a clear over reach of the easement as defined.
@@PhilipRizzo-hq4lv "But officer, I didn't see the stop sign" is not a valid excuse
@@PhilipRizzo-hq4lv Again, I'm very sad you are all dealing with this situation. I read another reply you gave. Clearly you're digging deep to get info. I hope you all have an attorney to assist you. So many serious errors leading up to today, from initial permits for original subdivision on. You know so well the impacts, loss of: full use, potential safety, cost of improvements, potential reduced value and equity, property taxes set at purchase price v. potential reduced value and taxes paid for higher value including easement area, potential legal fees, etc. I don't know how many homes/properties are affected by this. I feel for all of you, and hope for some possible reasonable resolution. Best wishes to you all.
Let OCSD dig out their trunk line pipe ? Then, have OCSD return the back yard. to the home owners? Also go to OCSD board meeting and complain issue to them ? Why because board has the power to rethink policy . And why is it so important for them to remove the sewer pipe? What's wrong with the reporter she should be talking on camera with OCSD re this issue
“Such a bullying move with the wording” it’s not the counties fault that your vocabulary has remained stagnant for 30 years, lady!
Thank you for your insightful comment, we are better for having read it.
That’s wild smh
What the story missed is that OC San wants to take possession of the land. Thats different to just an easement and "read the fine print." Easement does not equal possession!
that's a nice backyard...aaaaaaand its gone
Next time check for underground utilities
I guess you should have read the title report that you paid good money for.
We did. The easement is listed, though it does not have the details about the prohibition to build on the title report. Further, OC SAN had knowledge of alleged encroachments and that the City was issuing permits and did not notice residents or interact until last year when they sent their first such notice.
@@PhilipRizzo-hq4lv So you knew the easement was there and built on it anyway? You took the risk, you should be responsible for any related expenses - why should this cost be passed on to the other ratepayers?
@@PhilipRizzo-hq4lv - When you apply for a permit the city just ensures your plans meets current building and zoning laws and is not on city property. They don't check easements nor if you even have a legal right to build there.
I think I figured out how to fix the problem, they should shut off the sewers, problem solved.
Having utilities in the backyard is just a plain bad idea, everyone learns this one day or another. I have seen where a builder will build right up agains and easement and they just bury the information in the stack of papers. Then the utility has to come in and educate everyone over and over again, and when they just won't listen they do this. Same thing happen in Newport Beach Ca. the people encroached on the city beach, they were told countless time, built hardscape patios out there and the city took it back. It is amazing how dumb ignorant and just think they can be stubborn and get away with encroachment, PS you can't and they will come after in court and sue you.
AGAIN,,,,,homeowners were aware of the easement, it is in their title report !
They’re crying now because OC SAN needs access to OC SAN’s property !
The question should be, “ Who was stupid enough to build on someone else’s
property ?”
this is hardcore yo, u cant do this to people. i will never look at houses again in hb
Good, move to Santa Ana.
This can literally happen anywhere. You build on a recorded utility easement, what do you expect would happen?
Easement is on the title report. Period.
Leave the pooh-pooh pipe where it's been since 1959.
All of these property owners knew about the easements, they ignored it and built permanent structures on the property. They are to blame for their own greed.
Did you read every word of your title report? Did the prior owners disclose fencing, etc. built over the easement? Did OC San post anything about their easement? Did building department approve building over the easement? Hmmm.
@@karenbuckner1959 and OC SAN sent periodic letters to the owners reminding them not to build permanent structures over the easement.
@@surfcityunited9858 OC San sent letters. We don't have enough info to know when, how often, to whom, nor actual content of the letters. The underground sewers were there long before the properties were purchased. Anyone who's ever owned property, or even lived in a (used) house or apartment, would have little to no knowledge of what runs or was once run underground beneath them. So quick to judge others.
@@surfcityunited9858 That is their claim, as one of the 29 home owners, I can say that exactly TWO of the 29 received any such letter and that letter simply said "Any items on the easement MAY have to be removed for access/repairs." We have lived here 20 years and several of my neighbors have been here over 40 years. OC Sanitation's expectation is that all permitted structures be removed and NO further use of this 1200 square feet be allowed...that is a clear over reach of the easement as defined. The Title Report simply list that an easement exists, that is acknowledged by all. What is not made clear in this report is the fact that OC Sanitation claims THIS particular easement has provisions that prohibit all construction - that detail is NOT in the title report and while there is some language open to interpretation on the actual 1959 easement that was awarded prior to the subdivision even being built, even that took extra work to pull from the Assessor's office. The subdivision itself would violate the OC San definition of this easement - yet it was approved by the city, along with 231 permits awarded on the easement over the last 60 years.
@surfcityunited9858 Not exactly that cut and dry. The easement is listed, though it does not have the details about the prohibition to build on the title report. Further, OC SAN had knowledge of alleged encroachments and that the City was issuing permits and did not notice residents or interact until last year when they sent their first such notice (231 permits on this easement issued by the city...paid for by the resident and adding to our tax assessed value since 1960). They admitted in the LA Times article last weekend that they have not managed or maintained their easements for 60 years and were told to start in just in 2021. They expect to restrict use indefinitely if/when easement is cleared (to clarify, the Pipe occupies 6' of the 30' easement, which includes an 11' access road...there are alternatives to tearing up the backyards as only half that pipe is sitting under the back fence, yet they want to take 20' of the backyards within our fence... bit of a mess).
Most of HB is old housing. Old housing means old infrastructure. What would you rather have? No fix or eventually a big stinking sinkhole in your backyard? Next time, read the fine print.
is this repair process a permanent blockade to the backyard? or will they be coming in to do the fix and then getting out a few weeks later? what does the sewer company need to do? report doesn't even provide a single detail jesus fucking christ how worthless
Welcome to journalism these days
A fool and their money is soon departed.
Let's vote for GOP and make California great again.
Or, move to the South where you'd fit right in.
😂😂😂😂
rich people problems
They aren’t rich. They’ve been there since the 60s meaning their ancestors handed their home. They pay taxes and bills like everyone else.