108 replies to this topic

[Musterz]

I live in the Brentwood Broadstone neighborhood and once every month or so I get rattled awake at 2-3am. It never bothers me, I usually wake up around that time anyways (thanks to having a restless kitten). As far as the planes going overhead during the day, it's interesting to see what's heading over to Mather. Frankly when I moved to Folsom I knew that I was going to be very close to Mather airport with cargo planes. (It's better than guns going off and motorbikes roaring up and down the road in the country where I came from!)

[caligirlz]

I don't recall a disclosure when I bought last year, but it's very possible there was one. It's really not that bad here...I only seen the planes maybe once a month in the late evening. I'm not sure of the time. I'm usually out walking after dark, or have just come home from the gym...so I'd say 8-9 pm-ish. I never hear them when I'm inside. And I hear nothing in the morning. I don't really think about it. But when I do see them, they do seem very close as SacKen noted, like a stone's throw away.

[tessieca]

I get woken up by a motorcycle at 4:48 a.m. Is there anything I can do about that?

[Rich_T]

I get woken up by a motorcycle at 4:48 a.m. Is there anything I can do about that?

If it's a neighbor, you can at least try to work something out by discussing the problem. Same with a barking dog situation.

As for cargo flights at 4:48 AM - many airports have a ban on night flights. So what's the problem with limiting cargo flights at Mather from 6:00 AM to 10:00 PM - or in moving the airplane approach path to the sparsely inhabited area S50?

[ducky]

If it's a neighbor, you can at least try to work something out by discussing the problem. Same with a barking dog situation.

As for cargo flights at 4:48 AM - many airports have a ban on night flights. So what's the problem with limiting cargo flights at Mather from 6:00 AM to 10:00 PM - or in moving the airplane approach path to the sparsely inhabited area S50?

It looks like in Resolution 8926 the City of Folsom did an avigation easement for S50 so I don't know why the flights couldn't go over there. It's not like the future developments S50 wouldn't already have to disclose being in the "vicinity" of an airport.

There is also what's called a prescriptive easement that airports can claim simply by flying over a property for a number of years. It allows them to claim they are not liable for nuisance due to aircraft noise, fumes, or vibration, which is probably why the residents who already have flights going overhead are not in a good position to argue about added flights.

Sorry fellow Folsomites and my El Dorado Hilliazen friends. I can see why it's such a nuisance. Hope you are able to work out a compromise.

[Sandman]

I think you should have a copy of everything you signed? Isn't the previous owner required to share all known nuisances prior to closing?

If you are under a flight path and it wasn't disclosed, I suspect you'd have some type of recourse. Although I also suspect you probably signed some sort of binding arbitration agreement on how to resolve this.

Flipped through my escrow docs last night and as I suspected there is no disclosure about being in Mather flight path.

[ducky]

Flipped through my escrow docs last night and as I suspected there is no disclosure about being in Mather flight path.

I wonder if it depends on when you bought. The Mather Airport Policy Planning Area didn't get adopted by Sacramento County until 2006.

There's some information about disclosures for prospective homebuyers at:

www.sacramento.aero/scas/environment/noise/mather_airport_mhr/information_for_prospective_homebuyers_mhr/

In there it says a disclosure "may" be required.

It also has links to "Airport Disclosure For Real Estate Professionals"
"Real Estate/Property Disclosure Laws"

It looks like any development S50 will require a disclosure about avigation easement.

[Robert Giacometti]

Flipped through my escrow docs last night and as I suspected there is no disclosure about being in Mather flight path.

Were you given something from the previous owner where they listed any known nuisances or disclosures that might affect the property? I seem to recall from a previous sale of my home having to disclose something like that. Maybe the law has changed?

Maybe a licensed real estate agent could offer some feedback regarding this issue?

It seems unusual, that a home could be under a flight path and that fact somehow was NOT required to be disclosed to any potential buyer of that home.

I get woken up by a motorcycle at 4:48 a.m. Is there anything I can do about that?

Yes, tell your husband to get home earlier or start driving the car at night! j/k

[Sandman]

I wonder if it depends on when you bought. The Mather Airport Policy Planning Area didn't get adopted by Sacramento County until 2006.

There's some information about disclosures for prospective homebuyers at:

www.sacramento.aero/scas/environment/noise/mather_airport_mhr/information_for_prospective_homebuyers_mhr/

In there it says a disclosure "may" be required.

It also has links to "Airport Disclosure For Real Estate Professionals"
"Real Estate/Property Disclosure Laws"

It looks like any development S50 will require a disclosure about avigation easement.

We purchased the house just last year. I would have remembered any type of disclosure related to being in a flight path. It simply did not happen...

[ducky]

We purchased the house just last year. I would have remembered any type of disclosure related to being in a flight path. It simply did not happen...

I believe you. Just trying to figure out why it might not have happened in some cases.
I agree with Robert that it really should be disclosed and I'd be interested to know how the real estate agents in this area handle this.

[SacKen]

In my personal experiences, including having knowledge of family and friend purchases, I have found that purchasing a new home from the builder has all the disclosures you could imagine. For the most part, those disclosures do not get passed along when purchasing an existing home. Only the off-the-top-of-their-head disclosures that the owner happens to provide get passed along. Those tend to be the obvious things (there's a nightclub next door that has live outdoor music nightly) and not the obscure (there's inactive tracks hiding in the brush over there that could theoretically become live if they ever wanted to).

[old soldier]

when a plane flys over and wakes me up I just say a quiet thank you to the wright brothers for their work at kitty hawk....one time though after an evening at the sutter honkytonks being forced to drink beer, I was sleeping and heard a plane and woke up in a panic thinking we were being bombed by Iran

[Redone]

We moved into our house in March of 2011 and I do not ever recall being shown a disclosure about being in Mather's flight path. IF this existed it should be in my escrow docs correct?

It would be in a Natural Hazard Disclosure possibly.

[Rich_T]

when a plane flys over and wakes me up I just say a quiet thank you to the wright brothers for their work at kitty hawk....

But would you say a thank you multiple times every night for the rest of your life, if that's how often the planes were waking you up? Let's just be glad that neither you nor I is in that situation, but let's also not downplay the predicament of those who might be.