Couple fears loss of value after a utility upgrade puts a manhole in the sidewalk that leads up to their door
It only took 25 years and a worldwide pandemic to force us to design and landscape our front yard. Upon completion, a notice arrived warning us that street and sidewalk construction would be taking place to upgrade utilities. The result was an underground utility room built under our sidewalk capped by a 20-inch maintenance hole cover.
The round eyesore in the sidewalk lines up precisely with our front door centered at the opening of our new high-end redwood picket fence entrance. The neighbor across the street mentioned this would hurt our home’s resale. Many neighbors quickly nicknamed this ominous manhole cover the “spite-hole” cover. They know how furiously we protested to the city, county and utility officials before constructing this room that took place under “our” sidewalk. Will this “spite-hole” cover in the sidewalk cost us potential homebuyers, as well as the $35,000 we invested in the front yard’s landscaping and hardscaping? If so, have you heard of a city or utility company reimbursing a homeowner for this loss in value?
I’m not a lawyer and cannot render legal advice and do not follow cases throughout the state of California. A review of your dispute with a real estate attorney will shed light on the topic. Real estate trainees seeking their licenses learn utility companies have rights, too. There is an old saying, “You can’t fight City Hall.” In 2019, a large branch from a 60-plus-year-old city tree fell on the three cars owned by a newly widowed relative, destroying one minivan. That city’s insurance agent and city attorney denied the claim. The next-door neighbor, a policeman, who had his windshield crushed in the same incident, refused to pursue the loss and told my relative, “They won’t pay; get a lawyer.” Well, I prepared a case for small claims court, including pictures, quotes and timelines. Weeks later, the bailiff handed the small claims court judge my prepared presentation of facts while my relative and city arborist answered questions and made statements. There were several “smoking guns” in my estimation, none better than photos of the 1-inch broken cable dangling from the half of that tree still standing. You see, those dangerously heavy tree branches were being held together by cabling. She won the case and received a check for almost the small claims court maximum of $10,000.
My guess is you do not have one or more “smoking guns” and that no damage occurred to your property. Perhaps 5G internet is now holding your neighborhood together thanks to that underground utility room and its new cabling. If so, that could be a selling point. Granted, the placement of the maintenance cover amounts to a hefty amount of bad luck. But judges, arbitrators and mediators might make light work of your twist of circumstance. Having a neighbor obstruct a beautiful view is different than having an eyesore installed on your sidewalk. Consider installing a gate at the opening of the picket fence or enclose the picket fence altogether, both of which would redirect people, eyeballs, resale value and salability.
Questions? Realtor Pat Kapowich is a career-long consumer protection advocate and Certified Real Estate Brokerage Manager. (408) 245-7700 Pat@siliconvalleybroker.com DRE# 00979413 www.silicon Valleybroker.com Youtube.com/ Patkapowich
A quinceanera is a celebration of a girl’s 15th birthday, with its cultural roots in Mexico and throughout Latin America. While I am not exactly sure of the birthday, it was 15 years ago that our girl of the plant world Senorita Rosalita cleome won her first award. Today she has won 237 of the top awards in the country and forever changed the world when it comes to using the cleome in the landscape.
Senorita Rosalita is shorter than typical cleomes. It is sterile, which means it sets no seeds. It also does not have thorns, and it blooms all season long. The list of awards that humbles most other plants, has proven its adaptability across the entire country.
Cleomes are usually planted from young transplants in warm spring soil, which means we will soon be entering the prime planting season. Select a site that is well drained and receives plenty of sunlight. Morning sun and afternoon shade will also work well.
If the bed is poorly drained, add 2 to 3 inches of organic matter. Be sure and apply a good layer of mulch after planting. This really helps prevent moisture loss to evaporation and deter weed growth, which competes for both water and nutrients. Cleomes are drought tolerant once established. In midsummer, give them a little fertilizer, like a 5-10-5, and you’ll help push them into the fall season
Senorita Rosalita is available in a cheerful lavender-pink color. It can be used in any style of garden and in a wide variety of plant combinations. In the landscape, place Senorita Rosalita cleome to the rear of the border in a bold group. Space them 20 to 24 inches apart. They combine wonderfully with other flowers like petunias, phlox, salvias and vincas. I’ve seen great combinations using them with yellow daylilies.
Their exotic spidery flower structure allows them to also work wonderfully well in tropical gardens with bananas and elephant ears; after all, they do come from South America. To be honest, they fit in cottage gardens just as well and would be exceptional in public areas like golf courses and parks. They reach close to 4 feet in height, attract hummingbirds and butterflies, and offer both heat and drought tolerance.
By all means if you are looking for the unusual flower as the thriller plant in mixed containers then you could hardly pick a better choice. Your choices for spiller and filler plants are limitless. Some of my favorites would be Diamond Frost euphorbia or Flambe chrysocephalum as fillers and Goldilocks lysimachia.
The popularity of Senorita Rosalita has given way to two more exciting selections from Proven Winners. Pequena Rosalita offers the same color but on an even shorter plant reaching only 36-inches tall. Newest is Senorita Blanca with the same height and blooming powers as Senorita Rosalita but a pristine white bloom.
Your garden can celebrate Senorita Rosalita all summer long; get ready, it may be cold now, but spring is coming.
(Norman Winter, horticulturist, garden speaker and author of, “Tough-as-nails Flowers for the South” and “Captivating Combinations: Color and Style in the Garden.” Follow him on Facebook @ Normanwinterthegardenguy.