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When property lines run through the front door
San Francisco Chronicle ^ | 12/20/4 | Patrick Hoge

Posted on 12/20/2004 7:58:13 AM PST by SmithL

The slowly shifting ground in the Berkeley hills area means the land that's yours today may be your neighbor's tomorrow

The land under Robert Mathews' house in the Berkeley hills has slid about 20 feet since the structure was built in 1916. But property lines do not move, which means that today half of his house seems to sit on his neighbor's land.

"I figure the property line runs right through the middle of the front doorway,'' he said.

Three major landslides in Berkeley and neighboring Kensington are creating a dilemma for residents who, like Mathews, live in the well-populated neighborhoods.

When a home, or a driveway or a deck, slips onto a neighbor's land, does it become the neighbor's property?

Public officials in the East Bay have tried to stay out of the disputes, some of which have landed in court, but experts say they are likely to face increasing pressure to decide whether property lines should be redrawn when the stuff inside them moves.

(Excerpt) Read more at sfgate.com ...


TOPICS: Business/Economy; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: bezerkly; peoplesrepublic; propertyrights
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The Politburo in the People's Republic of Bezerkly will take this as a sign to do away with property rights, entirely.
1 posted on 12/20/2004 7:58:14 AM PST by SmithL
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To: SmithL
landowners own a geographic area, not a rubiks cube

I have half a mind to make a perimiter of my property in pvc and drag that over to Malibu (sarcasm)

2 posted on 12/20/2004 8:08:24 AM PST by Revelation 911
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To: SmithL

The original property footprint didn't change. Just bore some hoarkin' big piles, anchor that footprint and move the structures back!


3 posted on 12/20/2004 8:16:26 AM PST by Axenolith (This space for rent...)
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To: SmithL
As pointed out in the article, there is a solution..

Simply make sure your foundation goes deep enough, and is strong enough, to resist movement..
Build your house upon the rock, and not the shifting sands..

4 posted on 12/20/2004 8:19:36 AM PST by Drammach (Freedom; not just a job, it's an adventure..)
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To: Drammach

"Simply make sure your foundation goes deep enough, and is strong enough, to resist movement..
Build your house upon the rock, and not the shifting sands.."

That won't work in this situation. The whole side of the hill is shifting. The only solution is not to build on California hillsides like this one. They will slide eventually, and it doesn't really matter how deep your foundation is.

Rich folks want to live on the hill. With that desire should come the responsibility of knowing that your hillside home is not going to be stationary forever.


5 posted on 12/20/2004 8:24:47 AM PST by MineralMan (godless atheist)
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To: Drammach
Build your house upon the rock, and not the shifting sands..

What do you do when it's the rock itself that is doing the moving? Do property lines rest on landmarks, such as the benchmarks seen on many street corners, or global coordinates?

There are properties around California crossed by active fault lines whose bedrock is moving in different directions. Some of the older properties have chunks that have moved 10 or 20 feet over the past century.

6 posted on 12/20/2004 8:26:59 AM PST by jimtorr
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To: jimtorr
There are properties around California crossed by active fault lines whose bedrock is moving in different directions. Some of the older properties have chunks that have moved 10 or 20 feet over the past century.

In southern California there's the famous case of the California State University at San Bernadino's gym. One side's creeping in one direction and the other side of the gym has creeped the other way. And my favorite San Bernadino example is the major freeway interchange built over a very large creek bed, and condos have been built in the old creek bed also. It's all in the middle of part of the San Andreas fault zone (there are several branches), but what the hell, it's California real estate!:)

7 posted on 12/20/2004 8:36:42 AM PST by xJones
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To: SmithL

Just you try and tell me this isn't ALL BUSH'S FAULT. (First pun of the new week Folks!)


8 posted on 12/20/2004 8:37:59 AM PST by NaughtiusMaximus (Their women give good lamentation, maybe we can conquer them again sometime.)
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To: SmithL
Yep. And the sooner they move a herd of homeless into this guy's house, the better :>
9 posted on 12/20/2004 8:38:35 AM PST by Ukiapah Heep (Shoes for Industry!)
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To: SmithL

I guess that's what happens when you build a house on a mud slide.


10 posted on 12/20/2004 8:39:06 AM PST by Cicero (Marcus Tullius)
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To: jimtorr
What do you do when it's the rock itself that is doing the moving?

First of all, I wouldn't buy property without a full and concise report on the land itself..
If it's built on a fault line and I know it, and I buy it, it's my fault..
If it's built across a fault line and I know it, it's not only my fault, I'm stupid..
I can just sit there on what's left of my porch and watch my land leave in two different directions..

However, according to the article, that's not the problem in the area they're reporting on ..
It's the topsoil shifting..

The article points out that some residents have resorted to "deep and massive" foundations..
They have dug down to the bedrock, and then installed massive steel re-inforced concrete pylons to anchor their homes into place..
Something really, Really big is going to happen before those homes shift again..
But they will probably continue to be plagued by broken and twisted water and sewer lines, broken sidewalks, etc..

As for the rest, it will require legislation by the State to determine how property disputes will be handled..
The State congress makes the law.. call your representative..

10 or 20 feet over the past century?
I would just require the property lines be surveyed and redrawn every say, 20 years, minimum..

11 posted on 12/20/2004 8:49:03 AM PST by Drammach (Freedom; not just a job, it's an adventure..)
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To: Drammach

Yes - after all, land is only land, but the "house" is for eternity.


12 posted on 12/20/2004 9:07:20 AM PST by trebb ("I am the way... no one comes to the Father, but by me..." - Jesus in John 14:6 (RSV))
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To: SmithL

Bezerkeley's Memorial Stadium (where Cal plays) has the Hayward fault running under both goalposts!
If you go up in the end zones, you can see where they patched the shifting areas. It's several inches since the stadium was built a long time ago.


13 posted on 12/20/2004 9:48:36 AM PST by Wacka
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To: MineralMan

"Rich folks want to live on the hill" - This gives new meaning to the "mobile home" concept, I guess. But how do these rich folks distinguish between their "mobile homes" and the ones they call "trailers"? Maybe they don't need foundations after all - maybe they need wheels on their houses so they can put them back where they belong after the hill moves.


14 posted on 12/20/2004 9:57:44 AM PST by Emmett McCarthy
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To: SmithL
No mystery here, lots of precedent. the law is clear and ancient. Not much chance of changing any time soon. Just read Mark Twain's Life on the Mississsipi.

Whole towns have changed state when the River changed its course!

15 posted on 12/20/2004 10:49:20 AM PST by Publius6961 (The most abundant things in the universe are hydrogen and stupidity.)
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To: trebb
Do I detect a note of /sarcasm ?

Hey, CA isn't the only place in the world with such problems, ya know..

Here in MO, we have the New Madrid Fault...
And here on the other side of the state, (Kansas City) we have had instances of houses destroyed in landslides..

Considering the location being discussed, ( CA ) major consideration concerning earthquake, landslide, flooding and fire should all be taken into consideration when purchasing property..

Personally, I would just move somewhere safer, like Tornado Alley.. or Hurricane Alley..

16 posted on 12/20/2004 10:51:14 AM PST by Drammach (Freedom; not just a job, it's an adventure..)
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To: SmithL
Rule #1: Stakes in the ground take precedence over plat drawings.

Rule #2: Somewhere there is a primary marker, and that takes precedence over any and all secondary markers such as property corners.

Rule #3: Elision, erosion, accretion, adverse possession, and prescription have ample caselaw history and can sufficiently cover slumping land questions. It all ends up in court if anybody wants to dispute; otherwise the local platting authority, your surveyors, and your neighbors can resolve the situation without lawyers.

17 posted on 12/20/2004 11:01:23 AM PST by RightWhale (Destroy the dark; restore the light)
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To: NaughtiusMaximus
First pun of the new week...

Umm... Either I'm a bit slow this morning, or you didn't really include a pun in there anywhere.

18 posted on 12/20/2004 11:04:02 AM PST by TChris (Most people's capability for inference is severely overestimated)
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To: TChris; NaughtiusMaximus
Make that one point for me being slow this morning. :-(
19 posted on 12/20/2004 11:04:58 AM PST by TChris (Most people's capability for inference is severely overestimated)
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To: Drammach
property lines be surveyed and redrawn every say, 20 years, minimum

How about never? Surveyors have enough to do without being dragged around to reset 25 corners every day forever.

20 posted on 12/20/2004 11:07:40 AM PST by RightWhale (Destroy the dark; restore the light)
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