So I just purchased this house at the end of April. It had a stunning back yard nearly surrounded with 25-30 year old arborvitaes which created a very peaceful and quiet yard. The sound barrier that these arborvitaes create is just amazing.
About three weeks ago my neighbor told me about a letter he received from a sub-contractor of the city stating they were going to be coming into the easement behind our houses to redo the sewer line. I had never received a letter so I was a bit surprised. About a week ago the contractors came in and started to do work. The easement goes eight feet behind my yard which then backs up to another yard. Many of the neighbors decided ( 20+ years ago ) that they wanted the land and built fences blocking the easement. The bulldozers came and blew through everyones fences, they also trimmed my 30 year old arborvitaes to near stick and bones.
Fast forward to today I woke up and went outside to take my dogs to the bathroom and there's a giant ditch in my back yard, about eight feet deep and 10+ feet wide. They also had to remove about five of my 30 year old arborvitaes. Its almost 11:00pm and I have a huge ditch outside in my yard that is neither covered or marked making it very easy for myself or someone else to fall in and seriously hurt themselves. These pictures were taken shortly after all the workers went home for the day. The first picture is of how the yard was before anything was touched, its hard to tell but the arborvitaes were like a giant bush, you couldn't see through them and it was very private.
To clarify the arborvitaes were planted ON the property line so they did have a right to trim them, but to the extent they did in which could very likely kill them extended past the property line. The ditch they dug and the arborvitaes they pulled out of the ground were no doubt on my property.
Hear-say - Spoke with a few of the neighbors, one unlucky neighbor had about 6 yards of the dirt dumped into their back yard without being asked or notified, also one of the other neighbors seventeen year old dog fell into one of the ditches that they dug in the back of his yard.
This may be a dumb question, but do they plan to repair the damage?
staci86
Senior Member
posted: Jun. 30, 2009 @ 1:07a
Were you encroaching on the easement, or did the city also encroach on your land during construction?
You and your neighbors may want to call an attorney ASAP. Between the diminished value of your property, the existing easement, and potentially negligent contracting, you may need to pursue this in court.
Unless the city was completely within the easement, you deserve to be compensated for what some bureaucrat has done to your property.
dstoneburg
Member
posted: Jun. 30, 2009 @ 1:12a
isobro said: This may be a dumb question, but do they plan to repair the damage?
I don't think this is a dumb question, its one I asked myself. I am guessing they do plan on repairing the damage, although I never received any information about them even doing the work much less repairing it. If they were to repair my yard, I don't see how they could replace the 8ft 30 year old arborvitaes that they pulled out, or the fact that the other 25 arborvitaes that they trimmed to the bone that will take many many years to return to how they were. I truly lost alot of my privacy by the trimming of the bushes which is no doubt a considerable amenity when thinking about purchasing a house such as this. To also clarify, the house was built in 1949, infact most of the neighborhood was. So everything has been like this for near 60 years.
dstoneburg
Member
posted: Jun. 30, 2009 @ 1:13a
staci86 said: Were you encroaching on the easement, or did the city also encroach on your land during construction?
You and your neighbors may want to call an attorney ASAP. Between the diminished value of your property, the existing easement, and potentially negligent contracting, you may need to pursue this in court.
Unless the city was completely within the easement, you deserve to be compensated for what some bureaucrat has done to your property.
It was a little of both, the trees were planted ON the property line 30 years ago, so they were hanging over some, but the city also trimmed some off my land. Not to mention the five they pulled up as well as the huge ditch in my yard.
Also, the ditches are about 8 feet deep, so it would be a serious injury if you were to fall in.
WalStMonky
Happy Member
posted: Jun. 30, 2009 @ 1:28a
isobro said: This may be a dumb question, but do they plan to repair the damage?
I believe the stimulus package includes money for refilling the holes as well as digging them.
dstoneburg
Member
posted: Jun. 30, 2009 @ 1:33a
WalStMonky said: isobro said: This may be a dumb question, but do they plan to repair the damage?
I believe the stimulus package includes money for refilling the holes as well as digging them.
The damage extends far beyond just refilling a hole. Hell, I could and would do that if needed.
TempName09
Member
posted: Jun. 30, 2009 @ 1:44a
Green for providing pics.
WalStMonky
Happy Member
posted: Jun. 30, 2009 @ 1:57a
dstoneburg said: WalStMonky said: isobro said: This may be a dumb question, but do they plan to repair the damage?
I believe the stimulus package includes money for refilling the holes as well as digging them.
The damage extends far beyond just refilling a hole. Hell, I could and would do that if needed.
Well then I guess your SOL, unless perhaps your yard causes systemic risks because of being to big to fail. Do you have any politicians in your pocket?
dstoneburg said: So I just purchased this house at the end of April. It had a stunning back yard nearly surrounded with 25-30 year old arborvitaes which created a very peaceful and quiet yard. The sound barrier that these arborvitaes create is just amazing.
About three weeks ago my neighbor told me about a letter he received from a sub-contractor of the city stating they were going to be coming into the easement behind our houses to redo the sewer line. I had never received a letter so I was a bit surprised. About a week ago the contractors came in and started to do work. The easement goes eight feet behind my yard which then backs up to another yard. Many of the neighbors decided ( 20+ years ago ) that they wanted the land and built fences blocking the easement. The bulldozers came and blew through everyones fences, they also trimmed my 30 year old arborvitaes to near stick and bones.
Fast forward to today I woke up and went outside to take my dogs to the bathroom and there's a giant ditch in my back yard, about eight feet deep and 10+ feet wide. They also had to remove about five of my 30 year old arborvitaes. Its almost 11:00pm and I have a huge ditch outside in my yard that is neither covered or marked making it very easy for myself or someone else to fall in and seriously hurt themselves. These pictures were taken shortly after all the workers went home for the day. The first picture is of how the yard was before anything was touched, its hard to tell but the arborvitaes were like a giant bush, you couldn't see through them and it was very private.
To clarify the arborvitaes were planted ON the property line so they did have a right to trim them, but to the extent they did in which could very likely kill them extended past the property line. The ditch they dug and the arborvitaes they pulled out of the ground were no doubt on my property.
Hear-say - Spoke with a few of the neighbors, one unlucky neighbor had about 6 yards of the dirt dumped into their back yard without being asked or notified, also one of the other neighbors seventeen year old dog fell into one of the ditches that they dug in the back of his yard.
You could say you're lucky that they're not billing you for removing bushes that are in their way. Dealing with these things is always contentious and both sides are right to some degree, so it's a matter of coming up with a fair (or equally unfair) compromise. Fighting bureacracy is always an uphill battle.
The other would come behind him and fill the hole — fill, fill, fill. These two men worked furiously; one digging a hole, the other filling it up again.
A man was watching from the sidewalk and couldn’t believe how hard these men were working, but couldn’t understand what they were doing. Finally he had to ask them.
He said to the hole digger, "I appreciate how hard you work, but what are you doing? You dig a hole and your partner comes behind you and fills it up again!"
The hole digger replied, "Oh yeah, must look funny, but the guy who plants the trees is sick today."
Here's an article that talks about Right of Way and Eminent Domain that may be related to what you're going thru, but I'm sure every region and locality is different. Plus I read it and don't have a clue what they're talking about, what the conclusion is, or how it may relate to your situation: http://www.propex.com/C_g_edomain.htm (note it's a graduate level course)
I live in a community with deed restrictions and we have easements , our realtor made sure we understood those. Our backyard was torn up new fiber optic cables. After the work was finished everything was put back . If your trees or fences are in the easements they have every right to tear them up and lay down the cable, pipe, etc.
Utility easements are commonly found along the side and rear lot lines of single family houses. The purpose of a utility easement is to provide space for sewers, drainage, telephone lines, electrical lines, cable tv, etc. All utility companies, public or private, which have the right to use the utility easement must give their approval before any accessory can be built in an easement. It is the policy of the Development Department to not grant building permits in utility easements unless all utility providers have given their approval.
Unfortunately your neighbors had no right to build a fence there unless they received permission, and a permit. If they received a notice 3 weeks ago they should have removed their fences to save them.
I live near Austin Texas and thats the way it is here. Good luck and pics were great!
I'm sick of socialized sewer systems. Think of all the private industry big-government is stifling by not allowing people to choose their own sewer pipe maintenance program.
It's a hole in your backyard. They'll fill it in. You'll plant some grass. Life will go on.
We the People want our sewer systems fixed without any noise, dirt, digging, harming trees, and ideally while we are on vacation so by the time we get back we are not inconvenienced. And yes, can't these guys wear better looking clothes, they are really ruining the ambience.
I would take all the dirt they are temporarily storing in your backyards and ship it someplace else. Then when they are ready to fill the holes, they wont have any dirt to do it with.
Also file a "notice of claim." Its required if you want to sue the city and there is usually a 60 to 90 day window in which you can file it before you lose the ability to sue.
Were any females in your neighborhood affected by this construction? If so, please post pics of them in the backyard.
IcemanPk
Member
posted: Jun. 30, 2009 @ 8:11a
At least your crap will have somewhere to go now. Would you be on here complaining had the sewer line failed in your yard and it backed up in to your house?
That fence was at it's end of life, needed replaced anyway. Maybe you'll get a new one out of it. And those bushes, let's say they wouldn't be in a home and gardens magazine.
Just don't drop your Phil Rizzuto key chain in to that hole when you decide to broadjump it, that'll be a biznatch to get back out.
dstoneburg
Member
posted: Jun. 30, 2009 @ 8:12a
I think a big part of the frustration is the eight foot deep hole in the back yard that is not marked or covered in any way.
cherry3m said: Who were you going to sue when your 60 yr old sewer line failed?
$50 says they would say its my problem and to go pound sand.
staci86 said: Unless the city was completely within the easement, you deserve to be compensated for what some bureaucrat has done to your property.If the city did the easement right, I'll bet they have done much less damage to OP's properties than the absolute maximum allowed under the easement.
BlueEyesAustinTexas
Ancient Member
posted: Jun. 30, 2009 @ 8:27a
Looks like they are repairing at least part of your sewer connect. You should be happy you are not being billed for it.
dstoneburg
Member
posted: Jun. 30, 2009 @ 8:28a
nycll said: staci86 said: Unless the city was completely within the easement, you deserve to be compensated for what some bureaucrat has done to your property.If the city did the easement right, I'll bet they have done much less damage to OP's properties than the absolute maximum allowed under the easement.
Could you expand on this some? What does the maximum under easement allow?
LinkWhat? That is not the main line. I looks like the just your or your next door's hook up. They might be doing you a huge favor by replacing it.
glxpass
Senior Member - 5K
posted: Jun. 30, 2009 @ 8:44a
dstoneburg said:
<snip>
So given these circumstances, what would you do in terms of being made whole again? Consult an attorney who specializes in these matters, rather than asking for legal advice from an anonymous internet forum?
dstoneburg
Member
posted: Jun. 30, 2009 @ 8:50a
Not so much asking for legal advice, more so asking for intelligent individuals to weigh their opinions coupled with their experiences under these circumstances or similar ones.
tadr
Senior Member
posted: Jun. 30, 2009 @ 8:59a
Check the easement grant, it should be recorded in your line of title. Figure out whether the easement includes surface use of the land or just subsurface rights (i.e., sewer/pipe line type of thing). If it is just for subsurface rights, there is no "encroaching" onto their easement for what you do on the surface of the land. Also, I believe they are responsible for the damage done to your trees, etc.
I'd definitely consider consulting an attorney. With respect to the ditch, you should immediately call the subcontractor and demand that they erect safety fencing,
Link There's a distinct lack of Lassie and Timmy in that pic.
dstoneburg
Member
posted: Jun. 30, 2009 @ 9:08a
tadr said: Check the easement grant, it should be recorded in your line of title. Figure out whether the easement includes surface use of the land or just subsurface rights (i.e., sewer/pipe line type of thing). If it is just for subsurface rights, there is no "encroaching" onto their easement for what you do on the surface of the land. Also, I believe they are responsible for the damage done to your trees, etc.
I'd definitely consider consulting an attorney. With respect to the ditch, you should immediately call the subcontractor and demand that they erect safety fencing,
tadr said: Figure out whether the easement includes surface use of the land or just subsurface rights (i.e., sewer/pipe line type of thing). If it is just for subsurface rights, there is no "encroaching" onto their easement for what you do on the surface of the land. It would be pretty stupid for the sewer easement not to have the right to open up the ground. Have you ever seen one?
Geez, I had a row of 25 year old arborvitae that looked about as ragged as yours and I had to pay someone to dig them out.
dstoneburg
Member
posted: Jun. 30, 2009 @ 9:12a
They actually looked fantastic before the contractor went to work on them. The arborvitaes looked beautiful and provided an amazing fence/sound barrier to the neighboring yards. They were a nice selling feature in the house.
dstoneburg
Member
posted: Jun. 30, 2009 @ 9:18a
This is how they looked prior to being 'trimmed' by the contractors. These are the ones on the other side of my yard.
The contractors have had the weekend off, so as of currently I have done nothing other then document everything and am waiting to see how they intend to fix it rather then jump the gun.
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