blanket easement advice – Piggington's Econo-Almanac

This topic has 35 replies, 4 voices, and was last updated 16 years, 7 months ago by scott.

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March 18, 2008 at 11:14 PM #12171

scott
Participant

I’m looking into a home in Escondido that I’ve been told has inherited a city owned blanket easement that covers hundreds of acres in Escondido. The easement is from 1895 for up to 10 feet wide for pipe lines and 20 feet wide for ditch lines for water purposes. The easement’s location can’t be determined. This seems like a deal breaker to me but everyone I talk to thinks I’m being paranoid. Anyone have any experience with vacating or locating a similar easement? Is it even worth the time and expense? I’m checking it out at the county clerk’s office tomorrow.

March 18, 2008 at 11:42 PM #172813

surveyor
Participant

easements

You’ll need to read the easement to see how it’s described and talk to the City how they want to deal with it. It depends on the City. Some cities (San Diego for instance) will not want to vacate it unless you locate where the line is or relocate it somewhere. If there is no evidence of a pipeline or where the easement is located, you can ask for a vacation, but it is a bit of a process and can take a few months.

Most of my easement vacation work deals with Riverside, so I don’t know how ornery Escondido is. They seem to have an ok reputation (not as bad as Carlsbad and San Diego).

For easements this old, they probably will be willing to vacate it, assuming there’s no visible evidence of where it is.

If you really care about the property, I would research it first. Email me at [email protected] and send me the scan of the easement and where the property is. I can at least give you some help.

To really locate it, though, you will probably need a professional land surveyor. Also, most title insurance would list this as an exception and won’t cover any losses due to it.

Honestly, unless you’re in love with the property, it may be too much trouble to deal with…

March 18, 2008 at 11:42 PM #173150

surveyor
Participant

easements

You’ll need to read the easement to see how it’s described and talk to the City how they want to deal with it. It depends on the City. Some cities (San Diego for instance) will not want to vacate it unless you locate where the line is or relocate it somewhere. If there is no evidence of a pipeline or where the easement is located, you can ask for a vacation, but it is a bit of a process and can take a few months.

Most of my easement vacation work deals with Riverside, so I don’t know how ornery Escondido is. They seem to have an ok reputation (not as bad as Carlsbad and San Diego).

For easements this old, they probably will be willing to vacate it, assuming there’s no visible evidence of where it is.

If you really care about the property, I would research it first. Email me at [email protected] and send me the scan of the easement and where the property is. I can at least give you some help.

To really locate it, though, you will probably need a professional land surveyor. Also, most title insurance would list this as an exception and won’t cover any losses due to it.

Honestly, unless you’re in love with the property, it may be too much trouble to deal with…

March 18, 2008 at 11:42 PM #173155

surveyor
Participant

easements

You’ll need to read the easement to see how it’s described and talk to the City how they want to deal with it. It depends on the City. Some cities (San Diego for instance) will not want to vacate it unless you locate where the line is or relocate it somewhere. If there is no evidence of a pipeline or where the easement is located, you can ask for a vacation, but it is a bit of a process and can take a few months.

Most of my easement vacation work deals with Riverside, so I don’t know how ornery Escondido is. They seem to have an ok reputation (not as bad as Carlsbad and San Diego).

For easements this old, they probably will be willing to vacate it, assuming there’s no visible evidence of where it is.

If you really care about the property, I would research it first. Email me at [email protected] and send me the scan of the easement and where the property is. I can at least give you some help.

To really locate it, though, you will probably need a professional land surveyor. Also, most title insurance would list this as an exception and won’t cover any losses due to it.

Honestly, unless you’re in love with the property, it may be too much trouble to deal with…

March 18, 2008 at 11:42 PM #173176

surveyor
Participant

easements

You’ll need to read the easement to see how it’s described and talk to the City how they want to deal with it. It depends on the City. Some cities (San Diego for instance) will not want to vacate it unless you locate where the line is or relocate it somewhere. If there is no evidence of a pipeline or where the easement is located, you can ask for a vacation, but it is a bit of a process and can take a few months.

Most of my easement vacation work deals with Riverside, so I don’t know how ornery Escondido is. They seem to have an ok reputation (not as bad as Carlsbad and San Diego).

For easements this old, they probably will be willing to vacate it, assuming there’s no visible evidence of where it is.

If you really care about the property, I would research it first. Email me at [email protected] and send me the scan of the easement and where the property is. I can at least give you some help.

To really locate it, though, you will probably need a professional land surveyor. Also, most title insurance would list this as an exception and won’t cover any losses due to it.

Honestly, unless you’re in love with the property, it may be too much trouble to deal with…

March 18, 2008 at 11:42 PM #173257

surveyor
Participant

easements

You’ll need to read the easement to see how it’s described and talk to the City how they want to deal with it. It depends on the City. Some cities (San Diego for instance) will not want to vacate it unless you locate where the line is or relocate it somewhere. If there is no evidence of a pipeline or where the easement is located, you can ask for a vacation, but it is a bit of a process and can take a few months.

Most of my easement vacation work deals with Riverside, so I don’t know how ornery Escondido is. They seem to have an ok reputation (not as bad as Carlsbad and San Diego).

For easements this old, they probably will be willing to vacate it, assuming there’s no visible evidence of where it is.

If you really care about the property, I would research it first. Email me at [email protected] and send me the scan of the easement and where the property is. I can at least give you some help.

To really locate it, though, you will probably need a professional land surveyor. Also, most title insurance would list this as an exception and won’t cover any losses due to it.

Honestly, unless you’re in love with the property, it may be too much trouble to deal with…

March 19, 2008 at 9:05 AM #172958

NotCranky
Participant

I tend to agree with those who think it is no big deal. My decision would depend on common sense and I am not close enough to the situation to exercise that. Is this a tract home area or a big semi-rural lot? How long has the house been there? The rest of the houses in the neighborhood?Do they all have the easement encumbrance? After investigation if it sounds completely impractical that the house would be affected it probably is.

On the other hand maybe you want to suggest the owner extend escrow and have them pay for an easement elimination title order. You will get more feedback that way anyway. Drive a lot of real estate agents nuts too.

Good luck

March 19, 2008 at 9:05 AM #173296

NotCranky
Participant

I tend to agree with those who think it is no big deal. My decision would depend on common sense and I am not close enough to the situation to exercise that. Is this a tract home area or a big semi-rural lot? How long has the house been there? The rest of the houses in the neighborhood?Do they all have the easement encumbrance? After investigation if it sounds completely impractical that the house would be affected it probably is.

On the other hand maybe you want to suggest the owner extend escrow and have them pay for an easement elimination title order. You will get more feedback that way anyway. Drive a lot of real estate agents nuts too.

Good luck

March 19, 2008 at 9:05 AM #173302

NotCranky
Participant

I tend to agree with those who think it is no big deal. My decision would depend on common sense and I am not close enough to the situation to exercise that. Is this a tract home area or a big semi-rural lot? How long has the house been there? The rest of the houses in the neighborhood?Do they all have the easement encumbrance? After investigation if it sounds completely impractical that the house would be affected it probably is.

On the other hand maybe you want to suggest the owner extend escrow and have them pay for an easement elimination title order. You will get more feedback that way anyway. Drive a lot of real estate agents nuts too.

Good luck

March 19, 2008 at 9:05 AM #173319

NotCranky
Participant

I tend to agree with those who think it is no big deal. My decision would depend on common sense and I am not close enough to the situation to exercise that. Is this a tract home area or a big semi-rural lot? How long has the house been there? The rest of the houses in the neighborhood?Do they all have the easement encumbrance? After investigation if it sounds completely impractical that the house would be affected it probably is.

On the other hand maybe you want to suggest the owner extend escrow and have them pay for an easement elimination title order. You will get more feedback that way anyway. Drive a lot of real estate agents nuts too.

Good luck

March 19, 2008 at 9:05 AM #173402

NotCranky
Participant

I tend to agree with those who think it is no big deal. My decision would depend on common sense and I am not close enough to the situation to exercise that. Is this a tract home area or a big semi-rural lot? How long has the house been there? The rest of the houses in the neighborhood?Do they all have the easement encumbrance? After investigation if it sounds completely impractical that the house would be affected it probably is.

On the other hand maybe you want to suggest the owner extend escrow and have them pay for an easement elimination title order. You will get more feedback that way anyway. Drive a lot of real estate agents nuts too.

Good luck

March 19, 2008 at 12:25 PM #173485

Doofrat
Participant

Is it the easement for the San Diego Aqueduct? When I lived in ‘Dido, it ran under the property and there was a similar easement. Here’s a map, the aqueduct is on the far right part of the map running directly North to South.

http://www.ci.escondido.ca.us/depts/cd/planning/genplan/maps/fig8-7.pdf

March 19, 2008 at 12:25 PM #173566

Doofrat
Participant

Is it the easement for the San Diego Aqueduct? When I lived in ‘Dido, it ran under the property and there was a similar easement. Here’s a map, the aqueduct is on the far right part of the map running directly North to South.

http://www.ci.escondido.ca.us/depts/cd/planning/genplan/maps/fig8-7.pdf

March 19, 2008 at 12:25 PM #173464

Doofrat
Participant

Is it the easement for the San Diego Aqueduct? When I lived in ‘Dido, it ran under the property and there was a similar easement. Here’s a map, the aqueduct is on the far right part of the map running directly North to South.

http://www.ci.escondido.ca.us/depts/cd/planning/genplan/maps/fig8-7.pdf

March 19, 2008 at 12:25 PM #173461

Doofrat
Participant

Is it the easement for the San Diego Aqueduct? When I lived in ‘Dido, it ran under the property and there was a similar easement. Here’s a map, the aqueduct is on the far right part of the map running directly North to South.

http://www.ci.escondido.ca.us/depts/cd/planning/genplan/maps/fig8-7.pdf
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