Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-07-2004, 07:40 PM
kschwartz
Guest
 
Posts: n/a
Exclamation

Utility Lines in (Rear) Yard


What is the name of your state? California

My wife and I purchased a home three years ago. The home was purchased from a large and reputable home builder. We selected the model, the lot and the orientation of the house on the lot. From the moment we looked at the lot, we envisioned placing a swimming pool in the large side/rear yard. We even discussed this openly with the home builder -- we were quite excited about finding and building our dream house!

We recently contracted with a pool builder to start building the swimming pool. In order to prepare for some related landscaping tasks we contacted the Underground Service Alert (USA) to locate any and all utility lines. To our horror we discovered that the cable television, electric, gas (natural), telephone and water service is all routed diagonally across the middle of our back yard to the house -- right through the middle of where we are placing the pool. Our title clearly indicates a PUE at the exterior of the property which is not a problem and was to be expected. Neither the title, the homebuilder or any documentation makes any mention of these utility lines being routed through the middle of the back yard.

Is this legal? Would the home builder not have to disclose something of this nature? We have left messages with attorneys, but not are willing to return our phone calls. We desperately require assistance on how to proceed. Any insight would be greatly appreciated!
  #2  
Old 07-07-2004, 08:10 PM
Senior Member
 
Join Date: Jan 2003
Posts: 19,148
Will the utilities allow you to reroute the lines along the perimeter? When I bought my place I paid to have the utilities buried (they used to come in overhead, there were some height/code issues. Anyway, while not cheap, it was not unmanageable. Have you checked with the utilities to see if rerouting can be done and obtain a cost?
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #3  
Old 07-07-2004, 09:08 PM
Senior Member
 
Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
These are apparently your service lines and not the main feeders, so in this case the utility company,PG@E, SMUD, or CA EDISON, will not reroute. You can hire a contractor however, he needs to get a permit from all companies and you can reroute that way, then the utilities can hook them up. For cable and electric you are looking at atleast 5,000.00 just for those two, I don't know about water and gas, and phone.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us

Last edited by Shay-Pari'e; 07-07-2004 at 09:22 PM.
  #4  
Old 07-08-2004, 11:48 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by kschwartz
What is the name of your state? California

My wife and I purchased a home three years ago. The home was purchased from a large and reputable home builder. We selected the model, the lot and the orientation of the house on the lot. From the moment we looked at the lot, we envisioned placing a swimming pool in the large side/rear yard. We even discussed this openly with the home builder -- we were quite excited about finding and building our dream house!

We recently contracted with a pool builder to start building the swimming pool. In order to prepare for some related landscaping tasks we contacted the Underground Service Alert (USA) to locate any and all utility lines. To our horror we discovered that the cable television, electric, gas (natural), telephone and water service is all routed diagonally across the middle of our back yard to the house -- right through the middle of where we are placing the pool. Our title clearly indicates a PUE at the exterior of the property which is not a problem and was to be expected. Neither the title, the homebuilder or any documentation makes any mention of these utility lines being routed through the middle of the back yard.

Is this legal? Would the home builder not have to disclose something of this nature? We have left messages with attorneys, but not are willing to return our phone calls. We desperately require assistance on how to proceed. Any insight would be greatly appreciated!
**A: there should be a recorded easement if these lines are in fact utility lines. Do these lines serve other homes?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:12 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.