Can the Sanitation District Destroy Your Property at Will?

[leatherneck]

BF, I'm on the Board of SD1. If your property is not reasonably restored after the work is completed, let me know. Sanitary and storm lines are usually located on/within easements granted to SD1. Which means SD1 has the legal right to enter on the property and remove property located on/within the easement areas to maintain the lines. While it's only shrubs and trees in your case, you'd be amazed how many people actually construct buildings on/within easement areas.

[malachicrunch]

We had it done a few years ago. Got a new driveway out of it!

[malachicrunch]

Was at a conference the other day that featured the State Auditor as a speaker. Very interesting comments made about the sanitation districts and monitoring spending tax dollars. Evidently quite a few of these types of organizations are not very transparent with the books.

[bugatti]

Well, they had a tree service cut down at least one of the big trees. I think it's going to boil down to whether or not the shrubbery was over the easement. But in any case, they should be responsible for making things somewhat respectable.

 

BF, I'm on the Board of SD1. If your property is not reasonably restored after the work is completed, let me know. Sanitary and storm lines are usually located on/within easements granted to SD1. Which means SD1 has the legal right to enter on the property and remove property located on/within the easement areas to maintain the lines. While it's only shrubs and trees in your case, you'd be amazed how many people actually construct buildings on/within easement areas.

I deal with these type of things all the time. While the right is given within utility easements granted or on a plat of survey, the biggest mistake made is that there is little effort on the front end often times to contact the property owner that work will be taking place. A lot of times people have no idea or understandings about easements and city right-of-way, but if you give them a courtesy phone call or knock on their door beforehand the bulk of these type of issues cease to exist. Edited July 18, 2013 by bugatti

[Qryche11]

We had it done a few years ago. Got a new driveway out of it!

 

Yep, they dug up a portion of my Grandmother's driveway on Henry Ct in Ft. Thomas and she ended up getting a complete new driveway out of it.

 

A good buddy of mine works for them and drives the trucks. He has done a lot of work locally so if you need any assistance outside of what LN can give just let me know.

[Voice of Reason]

A couple years ago, SD1 did some work in my backyard and my two neighbors due to a broken line. They did a decent job of putting everything back as it was, reseeding, etc. They were very good about communication before they began the work, letting us know what to expect and the timetable. My biggest disappointment was they did NOT have to tear up my driveway. I was really hoping for a new driveway out of the situation.

[woodsrider]

Have you looked into utility easements and right of ways on your property plat/survey?

 

Any suggestions on the best place to get a property plat/survey? I would be interested in seeing what my our easements would be.

[bugatti]

Any suggestions on the best place to get a property plat/survey? I would be interested in seeing what my our easements would be.

It will be filed at the courthouse, Land Records office. Easements may also be listed on the deed to your property and recorded in the same office.

 

Are you located within a subdivision?

[uselessinfo]

Hey at least you do not have a port a potty sitting in your front yard. I had one for six months placed there by SD1.

[Colonels_Wear_Blue]

Any suggestions on the best place to get a property plat/survey? I would be interested in seeing what my our easements would be.

 

Bugatti is correct. Land Records desk in the County Clerk's office.

[Colonels_Wear_Blue]

Hey at least you do not have a port a potty sitting in your front yard. I had one for six months placed there by SD1.

 

That's crappy.

[woodsrider]

It will be filed at the courthouse, Land Records office. Easements may also be listed on the deed to your property and recorded in the same office.

 

Are you located within a subdivision?

Yes, subdivision. I will look at my deed when I get home and see if it is listed. I've been wanting to put a storage building in the back yard but want to make sure I don't put it on an easement.

[Colonels_Wear_Blue]

Yes, subdivision. I will look at my deed when I get home and see if it is listed. I've been wanting to put a storage building in the back yard but want to make sure I don't put it on an easement.

 

On a related topic, on top of utility easements, subdivisions often have storm water easements running through the side yards and backyards of the various lots to account for the slopes and swales that they design into your property at the time when the planning and zoning departments approve the design of the subdivision. These allow for the storm water to run and drain properly from yard to yard.

 

I've seen some instances of situations where people re-grade their property so they have more flat space in their yards without realizing that the existing grades are part of a grading and drainage scheme that incorporates many more properties than their own. If that re-grading were to cause problems with storm water drainage on their neighbors' property, then the individual who regraded their own yard and caused the problem CAN be held responsible for the damage incurred to the other people's properties due to their disruption of the drainage plan.

[Birdsfan]

BF, I'm on the Board of SD1. If your property is not reasonably restored after the work is completed, let me know. Sanitary and storm lines are usually located on/within easements granted to SD1. Which means SD1 has the legal right to enter on the property and remove property located on/within the easement areas to maintain the lines. While it's only shrubs and trees in your case, you'd be amazed how many people actually construct buildings on/within easement areas.

Thanks Leatherneck! We really appreciate that! I'll let you know how it goes.

 

We don't want the world -- just a little of the privacy we've had for 33 years. The boss (Mr. Manning) assured us 90% of the trees in the area would be saved. He said nothing about clear-cutting all the shrubs, in just our yard, to make a road for their bulldozer.

[bugatti]

Yes, subdivision. I will look at my deed when I get home and see if it is listed. I've been wanting to put a storage building in the back yard but want to make sure I don't put it on an easement.

You can often just pull the actual plat of the subdivision itself and it will generally show listed easements on there or may make reference to it in the C&Rs also listed on the plat. Also double check the following: Zoning restrictions - Generally an accessory structure will have to sit 5-10 feet off a rear or side property line which typically keeps you out of easements. Subdivision Restrictions - May mimic the zoning requirements or be more restrictive as to the type, size, etc. Building permit - Make sure you do not need a building permit for your structure. I know in my town you are required to get one if you pour a footer. Just on skids you are not required. KY Underground -- be sure to have your utilities spotted, but your contractor (if you hire one, should do this).