Spot the Encroachment – Overland Drainage

Real Property Reports will show the entire property and any Rights-of-Way that affect the subject property. Here is a prime example of why.

This property features a 1.20m Overland Drainage Right-of-Way along the back of the lot and the north side, as shown below. The reason for this is that the north side of this lot is also the back side of Lots 24, 25, & 26. There is a concrete swale constructed on the other side of the fence in the photo, as shown above.

According to the city, the house was not constructed as it was shown in the approved plans. A portion of these two cantilevers and the associated eaves are hanging over a city-owned right-of-way and considered to be encroachments. Further, since the buildings did not match the approved plans, the homeowner was required to apply for a development permit to obtain a stamp of compliance and then complete an encroachment agreement to facilitate the sale of their home. This process took almost four months.

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