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Builder taking out sidewalk, Ca.

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crfoot

Junior Member
What is the name of your state? California
We bought a new home in a County area. The prop. did not have sidewalks nor was their any landscaping. Some of us put in our own sidewalks along with the lndscping. The story I got was the builder was trying to get the bonds signed off and when the county inspector saw the concrete he said, "no way", everything 12' from the curb must go". The builder is now paying to have a contractor take out the concrete we put in with no money out of our pocket. They also agreed to let some items stay that are within 12' of the curb including approx. 20' of concrete to my entrance steps to the front door and my fence that is approx. 6' from the curb. I was told that the county was worried that the sidewalk would attract pedestrians and if anything happened in the future they would be liable, but the entrance to my steps could stay. None of us did not get any permits but one homeowner actually called the county before he put in the concrete and they advised him that no permit was needed and it was ok. I don't recall being told during the walk-through that we could not put anything 12' from the curb nor is it writtin in any contract. What can I do and should I ask to be compesated for the money it cost for the concrete?? Thanx
 


That 12' from back of curb is most probably the public right of way. Hence, the county/city can do what they want there including having a contractor (your builder in this case) clear it of sidewalks. You should have gotten permission before installing improvements in the public right of way. You are not entitled to any compensation and probably should be happy the county/city had it done at no cost to you...
 

crfoot

Junior Member
Thanx for your reply. Their are about a dozen of us that lost the sidewalks we put in. They are planning on suing due to the fact that we were not told that we could not do anything 12' from the curb. Although one person did call the county but was told he did not need a permit. Some of the people have talked to lawyers and have been told that it would be a good lawsuit. I don't personally agree on sueing the builder for 100's of thousands of dollars for something I put in w/out getting permits for but it was not written that 12' was to be left alone. I do feel lucky that they allowed me to keep the entry steps and fence I put in that is closer than 12'. I don't want to tick anybody off when people go to sue and then they tear everything out. Then i'm really screwed.
 
I wouldn't get too excited about a lawyer saying you have a good case...that just brings them billing hours. If the county told the developer to remove the sidewalks from the right-of-way (which you do NOT own by the way) then you do NOT have a case, period. There may have also been restrictions in the plat about the right-of-ways, etc. too.

The only way you would really have a case is if the developer told you you could have sidewalks in those locations and/or was the one who installed them and took your money. Otherwise, I don't see much of a case here...except you will be out money to pay a lawyer...
 

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