Pool built over drainage easement

[nick.simpson19]

All,

I am in the process of buying a house with a very nice pool indeed which was installed by Blue Haven pools.

i just completed a survey on the property and a drainage easement runs about 1ft into the pool. See pic.

i am waiting to hear from the city on next steps.

blue haven is a big reputable company which I renowed for putting amazing pools in correctly. Realtor is waiting to also speak to manager at bluehaven.

1. Did they need a permit to install pool from the city? Wouldn’t they have picked it up?

2. Wouldn’t need an inspection from local city? Shouldn’t they have also found the error.

should I be worried?

I believe the city will never ever use the easement I believe it was put in by house building company in exchange for utilities being put into the neighbourhood. I also know certain easements have certain rules especially drainage easements.

title insurance won’t insure me anything related to the easement but I believe this is common anyway.

Sorry not only im i new to pools but this is also my first home in the USA as I moved from the UK.

thanks

nick

 

[Dalet]

All,

I am in the process of buying a house with a very nice pool indeed which was installed by Blue Haven pools.

i just completed a survey on the property and a drainage easement runs about 1ft into the pool. See pic.

i am waiting to hear from the city on next steps.

blue haven is a big reputable company which I renowed for putting amazing pools in correctly. Realtor is waiting to also speak to manager at bluehaven.

1. Did they need a permit to install pool from the city? Wouldn’t they have picked it up?

2. Wouldn’t need an inspection from local city? Shouldn’t they have also found the error.

should I be worried?

I believe the city will never ever use the easement I believe it was put in by house building company in exchange for utilities being put into the neighbourhood. I also know certain easements have certain rules especially drainage easements.

title insurance won’t insure me anything related to the easement but I believe this is common anyway.

Sorry not only im i new to pools but this is also my first home in the USA as I moved from the UK.

thanks

nick

View attachment 78121

This drainage easement should be for the natural flow of rain (snow melt, etc.) water from one property to another. The issue here being whether or not your pool and patio interfere with the process. If the pool/patio are causing an obstruction you will be the offending party and remedial efforts will be on your dime. Without elevations it is hard to determine if it could be routed around the back side of the pool. It is also odd that the easement doesn't have a prescribed width. If you are really concerned, see if the local planning and zoning people are willing to (or did) grant a variance for the pool/patio.

 

[nick.simpson19]

This drainage easement should be for the natural flow of rain (snow melt, etc.) water from one property to another. The issue here being whether or not your pool and patio interfere with the process. If the pool/patio are causing an obstruction you will be the offending party and remedial efforts will be on your dime. Without elevations it is hard to determine if it could be routed around the back side of the pool. It is also odd that the easement doesn't have a prescribed width. If you are really concerned, see if the local planning and zoning people are willing to (or did) grant a variance for the pool/patio.

The prescribed width is 20ft!

I’ll be surprised if a variance hasn’t been confirmed with city all ready, there’s a huge farmers field that is behind me which I’m pretty certain is where water would run anyway

 

[nick.simpson19]

update on this topic -

1. blue haven pools who installed the pool in 2015 have done nothing wrong, they submitted all permits etc to the city.

2. The city have admitted fault and they have made an internal mistake of some description. I guess failing to inspect or approve something.

3.Because of the huge red flag the city have already sent people out to look at this easement.

4. City officials will meet today @ 9am visit the property to talk about agreeing to abandonment of the drainage easement.

I’m pretty confident city will abandon easement to brush the mistake under the carpet quickly.