A residential building inspector observes a property where a significant portion of the driveway, along with a newly constructed retaining wall, encroaches into a public utility easement. The property owner claims they were unaware of the easement. What is the primary role of the building department in addressing this encroachment?
- ATo approve the encroachment if it does not directly interfere with existing utility lines.
- BTo immediately issue a Stop Work Order on the entire property until the encroachment is removed.
- CTo refer the matter to the legal department for immediate litigation against the property owner.
- DTo inform the property owner of the encroachment and direct them to coordinate with the affected utility company.
Show answer & explanationAnswer & explanation
Correct answer: D. To inform the property owner of the encroachment and direct them to coordinate with the affected utility company.
While the building department enforces building codes, encroachments into easements often fall under the purview of the easement holder (e.g., utility company) or property law. The building department's primary role is to identify the issue and facilitate communication between the property owner and the affected utility or authority, as the utility company typically has the right to demand removal of obstructions in their easement.
Why the other options are wrong
- A. The building department cannot unilaterally approve an encroachment into another entity's easement; that decision rests with the easement holder.
- B. A Stop Work Order is for building code violations. While the retaining wall might have permit issues, the encroachment itself is a property rights issue, not directly a building code violation unless the building official has specific local authority on easements.
- C. Immediate litigation is an extreme measure and typically not the first step for the building department in such scenarios. It's usually a last resort for the utility company or property owner.
Easement Encroachment Role
When a building inspector identifies an encroachment into a public utility easement, the building department's primary role is to inform the property owner of the violation and direct them to coordinate resolution directly with the affected utility company or easement holder.
- Easements are property rights.
- Building department informs, not resolves.
- Resolution with easement holder.
Memory trick: Easement = 'Explain, Engage, and let the Easement-holder handle it.'