RPR, Encroachments, and "Reserve" land

[tcon]

SO....
Purchased a house back in the spring, and we got an RPR showing encroachments onto City land... Realtor and Lawyers say it's no big deal, so we agreed to take the RPR as-is.
... Turns out the previous owners got a letter in the mail only a few days after signing that into the purchase agreement - which they decided wasn't worth passing along to us - and it said they need to remove certain encroachments because an allowance can't be granted for the specific land zone. So now I have a 2nd letter saying the deadline is the end of the year - I've asked for an extension hoping I can figure this situation out for work in the spring.

Wondering if anyone has experience with potentially getting land rezoned, or purchasing these small amounts from the city? What makes this land (literally dirt, grass, and weeds) so important that an allowance couldn't be granted?

And what would be stopping someone from removing encroachments, getting a survey, and putting the materials back where they were? Wouldn't ever come up until the house is being sold again I assume, which for us will be a long time away... Are any surveying companies known to.... Not notice certain encroachments, that were installed after the survey of course? :rofl:

[Twin_Cam_Turbo]

In for info. We held back some money when we bought our house for encroachments, previous owners supposed to have applied for easements.

[tcon]

In for info. We held back some money when we bought our house for encroachments, previous owners supposed to have applied for easements.

Yeah, you should see if those encroachments are on land designated as 'reserve' because apparently it's not even an option to have an easement.
I'm not so mad about having to move stuff, because we did negotiate a nice chunk off the purchase price due to the RPR, just hoping we can get the deadline pushed because that was quite the surprise letter saying everything had to be fixed by then end of December.

[ExtraSlow]

I am officially encroaching into the road in front of my house, and it was a fucking nightmare to get official easement branded onto my land title. Would have been less hassle to remove the offending items, get a fresh RPR, and rebuild them.
If you can't get encroachments into "reserve" areas, then I don't know what to suggest aside from removing the shit.

[Twin_Cam_Turbo]

Yeah, you should see if those encroachments are on land designated as 'reserve' because apparently it's not even an option to have an easement.
I'm not so mad about having to move stuff, because we did negotiate a nice chunk off the purchase price due to the RPR, just hoping we can get the deadline pushed because that was quite the surprise letter saying everything had to be fixed by then end of December.

They are not thankfully. Tbh all but two id remove happily anyway if I had to.

[blueToy]

Wondering if anyone has experience with potentially getting land rezoned, or purchasing these small amounts from the city? What makes this land (literally dirt, grass, and weeds) so important that an allowance couldn't be granted?


Could the land be a utilities corridor. I've noticed that some older communities have empty lots that have the utilities run thru them.

[JfuckinC]

More details fellas? What’s encroaching? (Purely curious, got an RPR done yesterday hoping my garage isn’t encroaching on anything lol)

[ExtraSlow]

Land of this type is virtually impossible to purchase. There's a lot of possible reasons for the zoning.
103072
103073

[tcon]

The land in question is the green/weed/dirt space between my house and the "alley" that the goes along the back and side of my house. The encroaching parts are my back fence, hotube (barely), shed, and a retaining wall. I believe the utility corridor is slightly further from my house. It's not even like there's a little bit of land and we're stealing what's left... There is a ton of green space between the alley and road, then even more green space outside my fences. Basically me having fences here have absolutely no impact whatsoever on this land

[ExtraSlow]

The common-sense truth of the matter doesn't matter. You got tricked by the seller, and your shit is somewhere it can't be.

I'm not joking when I say it's going to be easier to rip it all out than any other course of action.

Maybe sue the seller at the same time, but you shoukd ask your lawyer about that.

[ThePenIsMightier]

I believe there's a way that you acknowledge that IF they need to do any sort of anything in their utility corridor, they can destroy your stuff in order to complete their work and there's nothing you can do about it.
Which isn't really a big deal. High consequence, zero probability.

[ExtraSlow]

I think the thing you are thinking of is called an easement. See posts above.

[ercchry]

The common-sense truth of the matter doesn't matter. You got tricked by the seller, and your shit is somewhere it can't be.

I'm not joking when I say it's going to be easier to rip it all out than any other course of action.

Maybe sue the seller at the same time, but you shoukd ask your lawyer about that.

I don’t see how he’d have a case for suing the seller… the two professionals that told him to accept it for monetary gain on the other hand…

[ThePenIsMightier]

If OP makes a reasonable effort to rectify the City will likely be reasonable. My friend ran into this precise issue with a crooked Seller except his was about grading. He was able to demonstrate that it wasn't HIM who had been ignoring the notices and the city accommodated.

*Although, he did have to fix it... They just gave him lots and lots of time.

[suntan]

Can you apply for a relaxation? That's what I have on my property. Swales are a ROW and so the three feet next to it on both sides are supposed to be kept clear. Basically it says that the City can destroy everything and I can't do anything about it, which I'm perfectly fine with.

[ExtraSlow]

I don’t see how he’d have a case for suing the seller… the two professionals that told him to accept it for monetary gain on the other hand…
I don't know anything about this. People like to sue other people, he might be able to sue someone

[Rarasaurus]

Encroachment into City Parks or Reserves is a no go. City Encroachment Guidelines can be found here:
https://www.calgary.ca/realestate/encroachments/existing-encroachments.html

Now that they know about it they will likely want it removed. RPRs are the only real mechanism for them to flag these issues and so it would not come up again till the next sale. Looks like lawyers and realtors wrongly advised that this would be a non issue with The City.

[ExtraSlow]

Ban Lawyers and Realtors.

[Tik-Tok]

Ban Lawyers and Realtors.

Ban private ownership of land comrade! Only state owned.

[tcon]

I was able to get a big extension to the deadline, at this point I'm happy with that. At least now I have time to explore options. Can't say I would want to start suing people though.


Can you apply for a relaxation? That's what I have on my property. Swales are a ROW and so the three feet next to it on both sides are supposed to be kept clear. Basically it says that the City can destroy everything and I can't do anything about it, which I'm perfectly fine with.

Can you give a little more detail about this? So this isn't an encroachment agreement, it's something different?

[ExtraSlow]

Nice. You should fact check everything everyone here said about easements and encroachments. The city has an easements department with nice people.

Still probably not worth the hassle, but nice to know if it's even an option.

Then slap everyone with a lawsuit. Find a lawyer who works on pure contingency.

[ercchry]

Nice. You should fact check everything everyone here said about easements and encroachments. The city has an easements department with nice people.

Still probably not worth the hassle, but nice to know if it's even an option.

Then slap everyone with a lawsuit. Find a lawyer who works on pure contingency.

I prefer lawyers that accept Dodge vehicles as payment

[SKR]

Find a lawyer who works on pure contingency.

103094

[suntan]

Can you give a little more detail about this? So this isn't an encroachment agreement, it's something different?

It is called a relaxation. I had the sellers get it. I received an RPR with some scribbles from someone at the City. Other than that I don't know anything. My realtor suggested I get it and the lawyer agreed because part of the concrete patio is in the ROW - sellers never got a permit for any of the patio and deck work in the backyard.

[tcon]

It is called a relaxation. I had the sellers get it. I received an RPR with some scribbles from someone at the City. Other than that I don't know anything. My realtor suggested I get it and the lawyer agreed because part of the concrete patio is in the ROW - sellers never got a permit for any of the patio and deck work in the backyard.

Interesting. Ill look into it but it sounds like more of an after-the-fact permit thing rather than actually giving a pass on encroachments

[suntan]

Interesting. Ill look into it but it sounds like more of an after-the-fact permit thing rather than actually giving a pass on encroachments

You will never get a pass. You cannot get a permit. It is too late. The best you can do is to formally acknowledge that the City is allowed to bulldoze the items at their whim.

[Twin_Cam_Turbo]

Update for me, city granted all 6 of my easements requested just before Christmas. Took about 3 months and $550. Garage eaves, greenhouse, shed, and retaining walls all granted.