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frazwood · Feb 21, 2013, 05:56 PM

In 2010, I bought a property that included a house and a detached garage.

There is some evidence that the garage is actually encroaching on City property by about 8 feet (I am being somewhat vague because we have yet to have the property surveyed).

After doing some research, I have learned that the garage was built in 2005 and that the previous owner applied for a permit from the City and it was signed by the City (I have a copy of the permit). The permit includes a plat drawing of the location of the proposed garage as well as the property lines.

The City is now claiming that the permit is meaningless as far as their responsibility with the encroachment. Is this true? My understanding is that construction permits were to ensure things like this do not happen and that the City bears some responsibility here.

cdad · Feb 21, 2013, 06:46 PM

What you need to do is contact the title company. Im sure that when everything was sold you bought title isurance and that may include the signed off permit. That insurance may help you to hire a lawyer and fight the city. Is there some reason for this recent change in the cities attitude ?

AK lawyer · Feb 21, 2013, 06:58 PM

... The permit includes a plat drawing of the location of the proposed garage as well as the property lines.

The City is now claiming that the permit is meaningless as far as their responsibility with the encroachment. Is this true?.

Probably. The permit applicant probably certified, when he applied, that the property lines were as indicated in the application. The city would not have had an obligation to survey the property to make sure that the facts alleged in the application were correct.

joypulv · Feb 21, 2013, 09:11 PM

The city doesn't have to survey the property, but it's the building inspector's job to check the drawing against records AND to go out and walk around the actual land, checking property lines and location of structures and underground wells, septic, and service lines. So the city should be liable (they always say they aren't!), as well as your inspector when you bought the place. I'd fight it, going after both of them.

frazwood · Feb 22, 2013, 06:19 AM

Originally Posted by califdadof3

What you need to do is contact the title company. Im sure that when everything was sold you bought title isurance and that may include the signed off permit. That insurance may help you to hire a lawyer and fight the city. Is there some reason for this recent change in the cities attitude ?

The Title Insurance policy was carefully written to exclude encroachments such as this.

The City's attitude has not changed -- they have always been uncooperative.

The new information... I recently obtained a copy of the permit for the construction of the garage and so I know that the City approved the construction of the garage in its current location. At least one member of the City Council was aware in 2005 that the garage was being built over the property line.

joypulv · Feb 22, 2013, 08:02 AM

Sock it to 'em.

(Do you have it in writing or just verbally, and is it first hand?)

Fr_Chuck · Feb 22, 2013, 08:05 AM

A problem is that the city inspector will have to take your world that the building is a certain distance within the proper line.
They do not survey but will take your drawing as where you claim the line is.
So they oked a building, that was on the property,

If it is really off the property, that is nan issue but city normally not liable.

Time to get a survey done