Storm drain easement encroachment repercussions

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Old 11-15-16, 08:28 AM
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Storm drain easement encroachment repercussions

I just obtained zoning approval for my single car garage addition and had to get a survey on my neighbor's property (county didn't have one on record). The survey has a discrepancy to mine pertaining to the 15' storm drain easement. Unfortunately not in my favor. Rather than building a 13.5' wide garage, it's looking like I may be restricted to a 12' wide garage. I spoke with the county and they said if I wanted, I could go with what is on my plat though it is technically inaccurate. And if an issue were to arise down the road, that the surveyor would be to blame. Not only do I not feel comfortable placing the blame on anyone, the simple fact that I now have the knowledge of where the easement truly is would make me feel that much more guilty. On the other hand, I highly doubt the storm drain pipe will ever be dug up, at least not in my lifetime, and even if it were, they're not going to tear down my garage to gain an extra 18" of digging area to dig up a 24" pipe. My main concern is if this could somehow affect the value and/or saleability of my home, because a new survey will be done when I sell the house and it will then become obvious that I am encroaching. What do you guys think? Is it worth the risk, or should I play it safe? I'm willing to take a risk for an extra 18" of garage width because a 12' wide garage is just too narrow.
 

Last edited by mossman; 11-15-16 at 09:56 AM.
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Old 11-15-16, 04:34 PM
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In my county that's one of the reasons they require a fresh survey. There are many properties that have old, inaccurate surveys/plats. In most cases they go with the recent survey assuming it is more accurate than the old one unless you can contest or somehow get a discrepancy figured out.

I am surprised that someone said go with the plat. If going by the plat were permitted why did they require a survey? I certainly would not build based on "someone" saying ignore your fresh survey. If you can get a variance to allow you to build 13'6" wide I would do it. I would not do it knowing that your survey shows the addition on the easement.
 
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Old 11-15-16, 04:36 PM
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I agree. It's not worth the risk and potential complications down the road. I'll call tomorrow to see if a variance is even an option and if not, I'll just have to go with 12'-6"
 
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