California Consent To Encroachment - Into Easement
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FAQ
The California Department of Transportation (Caltrans) has discretionary authority with respect to highways under its jurisdiction and may, upon application and if good cause appears, issue a special permit to operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of ...
By State law you must obtain an encroachment permit to make any encroachment along or on any County road. The purpose of the permit is to ensure that all work or use in the County road right-of-way is done safely, complies with Napa County Road and Street Standards, and is compatible with public transportation uses.
An Encroachment Permit is required for all construction work and proposed activities that encroach within, under, or over the City road right-of-ways. Some examples of work requiring an Encroachment Permit may include but are not limited to the following: Excavation. Installations of sidewalk. Installation of driveways.
Below are three steps you can pursue when dealing with an encroachment issue. Talk With Your Neighbor. Sell Your Land, Or An Easement On Your Land, To Your Neighbor. Take Your Neighbor To Court.
An encroachment permit is necessary if you will be using any part of the road right of way (from property line to property line) for storing materials, detouring traffic or parking equipment in the street over night. Encroachment permits are issued for temporary and long term placements.
If the neighbor is uncooperative, you may want to consider filing an action in court, called a quiet title action. In a quiet title action, you ask the court to determine that you have ?title? to the property affected by the encroachment.
(e) For structures encroaching over or under a public facility within a right-of-way or easement, the owners agree to provide an alternate right-of-way and to relocate said public facility to a new alignment, all without cost or expense to the City, whenever it is determined by the City that the Facility cannot be ...