Half-Lot easements

What is the name of your state?What is the name of your state?California

We own a small house near the beach. It is situated on a 30x45 lot. The house was built in the 1930's. Apparently the lot was originally 30x90 and split in half in the 1940's. We are situated on the "back" or alley side of the lot. We are trying to tear down and rebuild a new home. However we have discovered there is no recorded easement for sewer, water and gas lines. We have a separate water meter, but we think the sewer line is connected to the other house. The neighbor will most likely will be opposed to our project. Can we force an easement for utility connection, or can they prevent us from developing our land? None of this info came up on the title report when we bought.

Thanks.

If you tear down, and it turns out this is what is NOW considered a "non-conforming use", the sewer lines would only be part of your problem. You might not be allowed to rebuild on that site. Have you researched any current restrictions on building NEW on a lot this size? You may very well need to retrofit.

Half-Lot Easements

Any remodel worth doing, would require an upgrade to the water and sewer lines. So it's sort of a catch twentytwo. The city is requiring a certain improvement, but I need an easement to dig up my neighbors sidewalk to bring it up to code. Do I have a prescriptive easement? They rebuilt their half lot in 1988 and the "shared" sewer line would have been discovered then.

Have you made sure there is no separate sewer tap card listed with your address at your public water utility ? Should you find no city ord making you do your own tap learn atleast If the line fails will your city require new tap ? One thing you should consider doing is if this is indeed a common sewer you need to talk to the nieghbor to see if they will come to a agreement with you about sewer line cleaning if it ever must be done , ( My second property was on a common sewer with the house next door , My places sewer pipe went into the basement wall and connected to other houses sewer line in its basement , Its owner had no idea there was a common sewer , Mommy & daddy gave that place to him and he never had seen the basement , He didnt want to pay 1/2 of a rotor rooter bill when the clog was indeed in the shared part of the pipe ,

I've been on the phone with the city several times and that particular question hasn't come up. Reading an old title report tells me that there used to be sistern on the lot, but that the house was attached to the city sewer system in the forties I think. I'm thinking when the other half of the lot was rebuilt in 1988, they would have separated them then.

At this point you would need to consult with a real estate attorney.