Navigating the complex world of encroachment and real property report compliance

Sometimes as a builder you also need to become a negotiator to try and extricate yourself from potentially alarming and usually costly interactions with the local authority. In the recent case, upon successful creation of a utility corridor easement (for over head power lines), the builder justifiably thought he had done the right thing. The power company had come to a fair agreement that allowed us to comply with our approved DP, and build what we needed to do to make a marketable project. When the time came to create a new RPR, we just went ahead as always, the new easement was shown on the map, and all parties were happy. And then it was time to get the City to stamp compliance on the RPR. Instead we were notified of an encroachment advisory stamped on the RPR, as if you can encroach while everything you built was contained within property you own. The slightly overzealous nature of the receiving clerk at the City end certainly wasn’t helpful. We were then advised of a lengthy (yes this is the City) process to have the encroachment reviewed and a likely agreement made to accept the building that we did inside of our lot (the building that is required to do inside the DP).

The happy ending here was I was able to get the direct line of the encroachment desk, and the staff there was agreeable and immediately sent me back the RPR with the encroachment voided. It was a pleasant surprise to have that turnaround within the hour and the docs were shipped off to the surveyor and lawyer. Another lesson learned about the compliance process and how to navigate within the rules of the City. Even better was the avoided fee of two encroachment agreements, that can really add up!

What a relief to have the City void this encroachment into the utility corridor that the power company (City owned entity) created.  Saves so much time and cost for the builder to get this granted.

What a relief to have the City void this encroachment into the utility corridor that the power company (City owned entity) created. Saves so much time and cost for the builder to get this granted.