What is the name of your state (only U.S. law)? AZ
Hi. I purchased a mobile home/land 19 years ago (1995) from the developer of my subdivision, through a real estate agency. Upon purchase, I was advised that the deck (built over a drainage easement) on the back of the house was legal, however, for mortgage approval, the deck needed to be repaired for final inspection. I repaired the deck, and at inspection, was noted the property was "above average" condition.
There is a drainage easement of which I give permission for the City to use. The lot size included aprox. 3,000 sq feet of this drainage easement. A large portion of my property is this drainage easement "ditch".
Within the past several weeks, I had an issue which caused the City to come to my property. They advised me the deck is not to code nor can it be built over this drainage easement, and it would need to be removed. I advised the City that this deck was already there when I purchased the home, and that I believe the deck should have been "grandfathered" in, as I purchased the home with the deck over the easement 19 years ago, and that the City was aware of this deck for many years, and nothing was ever said prior. The City stated it would research and get back to me... The home and deck were placed on this lot in 1986.
A few days ago, the City returned.... Now, in addition to the deck over the drainage easement having to be removed, the City advised me of this:
That my home, as well as every home along this "drainage easement", appears to have been placed on each property, illegally. They are now stating that my home, was built over the easement of which they have easement rights, by aprox. 6 feet, and that in order to "save my house", I will need to have my home moved off of the easement. My lot is small and odd shaped, and there is no possible way to move the home, 6 feet off of the easement. The mobile is on blocks/foundation, land level as well.
What also upsets me now, is the City official that keeps coming to my house, told me that "if I keep my mouth shut, and not make any more complaints, they will not pursue this issue". The complaint I have made for years, is regarding a brick wall behind my home that the City tore down, and placed a gate for easy access to this drainage easement. However, what the City did not do was place a lock on this gate, nor any way to lock it period, and several trepassors were entering my back yard, from the main street behind my home, starting fires etc... All I wanted, was for the City to place a lock on this gate so that trespassors could not enter my back yard, start fires and steal my things..
I feel like the City is trying to either bribe me to keep my mouth shut because they told me too much information regarding my home, as well as 75 other properties which the homeowners homes are more than likely placed over this easement , and the homeowners are unaware of this problem...
So, if I "keep my mouth shut" and not tell any other homeowners in my subdivision of this, I get to keep my property and deck? If I do speak up, I get fines and have to move my house and deck? This just does not sound legal.. I think the City is finding out now that there is a big problem with the homes placed on these lots.. and permits issued in error. back in 1986, when the developer placed the homes on each lot... I bought my property with the understanding that the deck was legal, and that the drainage easement was 10 feet wide. Now I am told the easement is actually 26 feet wide, which places my house over the easement.
The developer that I purchased my home from , is now deceased, as is the real estate agent.
Another problem, to my favor I believe, is that I have been paying taxes on a 7900 sq foot lot, for over 19 years.. The City just advised me a few days ago, that that is incorrect, that 1200 sq feet of this easement is actually NOT mine, but the City. I stated that they owe me a refund for all taxes that I paid over the past 19 years on this 1200 sq feet that actually now, is not mine. The city stated that they will have the property re-asessed next year and I will see a decrease in my property taxes, but that "if I keep my mouth shut about this also, they will not refund me any monies due, but will allow my deck and home to stay where they are, and not make me move the house and deck off the easement"... I calculate over $3500.00 in over tax payments were made by me over all these years...
With all these problems with the drainage easement, will I forsee problems in the future should I decide to sell my house and property? If I do what the City wants, and "keep my mouth shut" and say and do nothing, I might not be able to sell my house legally.... I don't know what to do from this point.
Any suggestions? Do I have any recourse for this problem? Thank you...
Hi. I purchased a mobile home/land 19 years ago (1995) from the developer of my subdivision, through a real estate agency. Upon purchase, I was advised that the deck (built over a drainage easement) on the back of the house was legal, however, for mortgage approval, the deck needed to be repaired for final inspection. I repaired the deck, and at inspection, was noted the property was "above average" condition.
There is a drainage easement of which I give permission for the City to use. The lot size included aprox. 3,000 sq feet of this drainage easement. A large portion of my property is this drainage easement "ditch".
Within the past several weeks, I had an issue which caused the City to come to my property. They advised me the deck is not to code nor can it be built over this drainage easement, and it would need to be removed. I advised the City that this deck was already there when I purchased the home, and that I believe the deck should have been "grandfathered" in, as I purchased the home with the deck over the easement 19 years ago, and that the City was aware of this deck for many years, and nothing was ever said prior. The City stated it would research and get back to me... The home and deck were placed on this lot in 1986.
A few days ago, the City returned.... Now, in addition to the deck over the drainage easement having to be removed, the City advised me of this:
That my home, as well as every home along this "drainage easement", appears to have been placed on each property, illegally. They are now stating that my home, was built over the easement of which they have easement rights, by aprox. 6 feet, and that in order to "save my house", I will need to have my home moved off of the easement. My lot is small and odd shaped, and there is no possible way to move the home, 6 feet off of the easement. The mobile is on blocks/foundation, land level as well.
What also upsets me now, is the City official that keeps coming to my house, told me that "if I keep my mouth shut, and not make any more complaints, they will not pursue this issue". The complaint I have made for years, is regarding a brick wall behind my home that the City tore down, and placed a gate for easy access to this drainage easement. However, what the City did not do was place a lock on this gate, nor any way to lock it period, and several trepassors were entering my back yard, from the main street behind my home, starting fires etc... All I wanted, was for the City to place a lock on this gate so that trespassors could not enter my back yard, start fires and steal my things..
I feel like the City is trying to either bribe me to keep my mouth shut because they told me too much information regarding my home, as well as 75 other properties which the homeowners homes are more than likely placed over this easement , and the homeowners are unaware of this problem...
So, if I "keep my mouth shut" and not tell any other homeowners in my subdivision of this, I get to keep my property and deck? If I do speak up, I get fines and have to move my house and deck? This just does not sound legal.. I think the City is finding out now that there is a big problem with the homes placed on these lots.. and permits issued in error. back in 1986, when the developer placed the homes on each lot... I bought my property with the understanding that the deck was legal, and that the drainage easement was 10 feet wide. Now I am told the easement is actually 26 feet wide, which places my house over the easement.
The developer that I purchased my home from , is now deceased, as is the real estate agent.
Another problem, to my favor I believe, is that I have been paying taxes on a 7900 sq foot lot, for over 19 years.. The City just advised me a few days ago, that that is incorrect, that 1200 sq feet of this easement is actually NOT mine, but the City. I stated that they owe me a refund for all taxes that I paid over the past 19 years on this 1200 sq feet that actually now, is not mine. The city stated that they will have the property re-asessed next year and I will see a decrease in my property taxes, but that "if I keep my mouth shut about this also, they will not refund me any monies due, but will allow my deck and home to stay where they are, and not make me move the house and deck off the easement"... I calculate over $3500.00 in over tax payments were made by me over all these years...
With all these problems with the drainage easement, will I forsee problems in the future should I decide to sell my house and property? If I do what the City wants, and "keep my mouth shut" and say and do nothing, I might not be able to sell my house legally.... I don't know what to do from this point.
Any suggestions? Do I have any recourse for this problem? Thank you...
