who is responsible for maintaining a drainage easement

1077 Celestial, Suite 10 This new development is your burden to bear. A sewerage easement is an agreement between a property owner and a government that allows the owner to use their land for sewer lines or sewers; this typically results in permission to plant trees and vegetation. Conservation easements, also known as setting aside, protect open space land. The owner of the easements land is called the dominant estate. For example, the lease can dictate that the tenant is responsible for landscaping. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). The cost of any such work performed due to the default of an owner in its maintenance obligation set forth in this article shall be charged as a continuing lien upon that lot until paid in full by the defaulting owner. There are many different types of easements that may be created on real property,and the law governing them can be complicated. Fair compensation for a drainage easement on your property will be a function of how much area it requires and how much it limits your ability to use and enjoy your property. Property owners are responsible for the maintenance of drainage facilities on their private property when the facilities are not part of a VDOT-owned drainage easement or a county or city easement. No person shall create or maintain any condition that obstructs or renders . Private drainage and erosion issues, as well as ground water issues, are the responsibility of the property owner. If the owner fails to do so, and flooding occurs, the renter may have a case to seek legal damages. They are ones that are totally on private property or maintained through a home-owners' association. North Carolina General Statute 22-2 states that, due to the NC Statute of Frauds, changes to the boundaries of a tract of land or the establishment of an easement or right in or across the land must be in writing, signed by the property owner. As the property owner, you own the easement, but someone else has the right to use the easement portion of your property. If any owner fails to perform any of the maintenance or repair obligations set forth in this article, and if such failure continues for a period of 30 days after written notice there of is given to the defaulting owner, the declaration or any other owner shall have the right to enter onto the lot and perform the required maintenance and repair and to recover the reasonable cost there of from the defaulting owner. A grantor and grantee must reduce an easement to writing to be enforceable against future buyers of the property, so it will always have a signature or a place for one. What Are NC Chapter 136 and Chapter 40A Takings? A drainage easement is an attachment to a property deed which states that access to part of the property is given to a third party, usually a municipality, for the purpose of maintaining drainage. Sometimes both! Keeping drain grates free of debris is just the start. This section is optional, but its a useful element that can explain why the easement is needed. document.write((new Date()).getFullYear()); There are many types of storm drainage you can choose from. Drainage Easement means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes. Homeowners may unintentionally divert water flow by making changes to their gutters and downspouts, french drains, or placement of landscape. HOAs often fail to regularly inspect storm water components and likewise fall short on cleaning and maintaining them for optimal functionality. Or you may not have any of these options. Can I force the neighbor to allow me to use his sump or must I put in my own, which probably would be near impossible? Or, contact us online right now whichever is most convenient. Any advice on where we stand with this? For a drainage easement (or any easement) to be enforceable, it must be in writing between the owner of the property (the grantor) and the entity receiving the easement (the grantee) and signed by all parties. He lived the last twelve years in Hawaii where he worked closely with luxury resorts and event planners, mastering his knowledge of aesthetics and luxury products. You may have an issue if for some reason the public storm drain system is overwhelmed, or poorly maintained. If the drainage system does not work properly, the property owner can be at risk of flooding and other problems. Who Is Responsible For Maintaining An Easement In California? Minimum easement widths of 30 feet are common, but some contracts may allow temporary work easements on either side of a permanent easement area. And sellers are not eager to sell. These can include some common types of property improvements: Drainage easements can also impact a homeowners landscaping plans. instructions for some common browsers: The Chrome and Microsoft Edge browsers also offer in place translation by, Frequently Asked Stormwater and Floodplain Questions, Trash and Recycling Collection Guidelines, Architectural & Engineering Design Guidelines, Master Bid Item List for Capital Improvement Projects, Obtaining a Liquor Permit for a Special Event. In these cases, property owners must take responsibility to keep stormwater free-flowing through their drainage facilities. We dot the is and cross the ts while keeping you informed and equipped to make the best decision for you, your family, or your business. Homeowners insurance is generally a prerequisite to obtain a mortgage for affected properties. I have a drainage easement in my backyard. Most likely the document granting easement rights in your property will look similar to the deed originally granting you ownership in the property. Under the Colorado Governmental Immunity Act (CGIA), a drainage and flood . Property owners will have to deal with things such as: Some serious problems that may be the duty of the government or utility include: If the easement already exists, there is not much you can do. This is critical to understand, as if your private property causes damage, due to water runoff, you may be seen as liable for the damages. Homebuyers are defying expectations. Daffodils and tulips make their early presence known, and of course, there is your on your property are your responsibility. First, insurance companies may be hesitant to insure a property that contains a drainage easement or may be more susceptible to drainage issues. An easement normally allows for continued use of the property; however, sidewalks may limit what kind of use is allowed. | Site by Go Fish. The last group includes the majority of ditches, the easements. New comments cannot be posted and votes cannot be cast. Individual property owners are responsible for the maintenance of any portion of a We have only been here a week and now just floored by this news. Schorr Law has the top rated easement dispute attorney in California. this will bring. Guerra is a former realtor, real-estate salesperson, associate broker and real-estate education instructor. What can I do? Adams 513-854-8834, Eastgate Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. These easements tend be associated with driveways and sewer lines. An easement may be created by deed, prescription, or implication from the particular set of facts and circumstances. These easements also run with the land, meaning that theyre attached to the property deed itself. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. Likewise, you are responsible for keeping the drainage area clear and maintaining the necessary slope of the land against erosion. Likewise, if you are allowed to build a fence, you may need to ensure the easement can be accessed by a gate and understand that considerable traffic may cross your property if repairs or upgrades in the easement are necessary. An attorney with experience with eminent domain and easements can help in many important ways. 859-577-7893. and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. That said, the servient estate can expressly undertake the duty to maintain and repair the easement. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. Unfortunately, these can also cause you to run afoul of easement restrictions. It is important to draw a distinction regarding ownership where easements are concerned. Where storm water drains, how large and how far away from a home these systems are are common guidelines. This is no fun for my kids who love to play outside in our back yard. Depending on the size and nature of the easement, it may pose too much risk to the propertys value for a lender to stomach. Both you and your neighbor enjoy certain rights of land ownership. . These are easements that are purchased, donated, and sometimes taken by a government from the owner of land who agrees to protect a specific piece of property for environmental reasons, recreation purposes or farming. The rest is somewhat unique to this type of easement, and it can affect many things that are not obvious at a glance. Fee Simple Defeasible Example. The existence of a drainage easement on your property may have an impact on several aspects of home ownership including insurance premiums, the mortgage lenders willingness to provide a loan for the purchase and future construction plans. City of Scottsdale. Your easement holder may work out a written agreement with you to terminate the easement. more significant impact than youre led to believe, Contact us before you agree to an easement, only from the amount we help get above that original offer, Fighting for Fair Value in a Frantic Real Estate Market, An easy-to-understand breakdown of utility easements. Either way, it costs you nothing. For example, a private road on your land that was created by easement can't be blocked off by you, because that would prevent the easement's holder from using it. An easement may be given directly by law or through a governmental document like a deed; they may also be given in the property owners contract with the government; however, in these cases, the person who gives land to the government should be listed as the owner. Generally, the owner of any easement has a duty to maintain the easement. What are the Best Tips for Installing Driveway Culverts? Who Is Responsible for Maintaining a Drainage Easement? And youll still be paying taxes and responsible for maintenance. Keeping drain grates free of debris is just the start. It runs into a small pond/lake within our neighborhood. The answer is, rarely. However, they are not normally used to protect the property from construction or destruction. How much does hiring an eminent domain attorney cost? Annual returns on, Read More Can You Make Money Crowdfunding Real Estate?Continue, What Do Ingress And Egress Mean In An Easement? Know your coverage. It is an appurtenance that arises when the tenant requires a service or access, Read More Is A Lease An Appurtenance?Continue, What is a Defeasible Estate? boundaries of any easements. It could say something like, The Grantors acknowledge that it is in their best interest to grant an easement for drainage purposes to the City of Columbus.. How do you find the rational number between 3 and 4? This means the owner must keep these drainage mechanisms in proper working order. Is the Governments Appraiser Being Fair? So if your easement holder wants to do something else with the easement, you would likely need to work out a new agreement to use the easement. Be sure to inquire further. If people would like to change the terms of the easement, they must reach an agreement with the agency which holds the easement. When you sell your home or business in North Carolina, you must disclose a drainage easement as a material fact. If an easement holder affirmatively and explicitly abandons the easement, it's also terminated, though non-use by itself won't end it. As the property owner, you must keep the drainage easement maintained. Here are a few visual examples of drainage easements: A drainage easement can take many forms and significantly restrict what you do or how you use your property. Easement holders don't become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it. North Carolina enshrines its easement laws in various General Statutes that work together to create the rules. @nyt https://is.gd/G7GUyV, Home prices in the West are getting hit harder, in part due to the tech boom and bust, which helped fuel a speculative investing (not rental income investing) boom and bust. Check your browser's help section for instructions on how to change the language. Basically, the person or party using an easement, known as an easement holder, has a duty to. When an easement is used jointly by the dominant estate and the servient estate, the cost of maintenance and repair of such easement must be apportioned between the dominant estate and the servient estate, based on relative use. However, that use must be in a way that is not contrary to the dominant estates limited use of the land. There are some instances where a condo owner may be responsible for his or her own drains, but not the overall drainage that surrounds landscaped areas and parking lots. The easement holder might, in addition to stopping use of the easement, specifically abandon the easement. What are the Different Types of Easements. Who is responsible for maintaining drainage easements? In North Carolina, a drainage easement is generally a private easement, meaning that the public at large is not entitled to use of the easement. Ingress and egress refer to the right of entry and, Read More What Do Ingress And Egress Mean In An Easement?Continue. Drainage easements are typically found in areas where flooding or excessive water accumulation presents a significant concern, such as communities on higher elevations or properties near bodies of water. Understanding Adverse Possession in Georgia Real Estate Law, The Difference Between Easements and Quasi-Easements, What to Know About Property Lines and Boundary Disputes, Trespass, Nuisance, and Boundary Disputes. Specific maintenance tasks can vary, but these often include cutting grass, clearing away leaves, removing fallen tree limbs and cutting away other vegetation that could clog up the grates or otherwise block access. Contact Mark Weinstein and his colleagues today and find out how we can help protect you and your property. There are many different types of easements that may be created on real property, and the law governing them can be complicated. Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). constructing or maintaining such facility. Is Amazon actually giving you a competitive price? Reddit and its partners use cookies and similar technologies to provide you with a better experience. Finney Law Firm - MAKING A DIFFERENCE FOR OUR CLIENTS. I have the municipality's drain and it always blocks and floods my yard. Tom Gaffey is an expert writer who currently resides in Washington D.C. Tom has a passion for real estate and home improvement writing, as well as travel and lifestyle writing. Homeowners may also be asked to keep the existing topography. Easements run with the land, meaning they continue indefinitely until they're terminated through one of several different methods. The easement granted "a right to construct, maintain, operate, and replace a pipeline and related structures thereon by said improvement district and the right to ingress and egress from the easement" Turlock installed a waterline. If the. People usually cannot regrade the soil or build structures because this could impede the free flow of water over the property. There are many instances where state law gives the government the right to close a private easement creating a public easement, but there are also instances where the state can maintain an easement; these instances are usually decided by the courts. 1.11 The term common area means all property within the subdivision not designated as a lot on the plat of the subdivision and that has not been accepted for maintenance by the applicable governmental body. This evaluation is free, and theres no It is prohibited to construct or install a fence or wall upon a drainage or street right-of-way, nor shall a fence or wall preclude access to the drainage or street right-of-way. Remember, a drainage easement may place some burdens on a property owner: Dont just take their word for it. This is where he found his passion for home improvement and a keen interest in DIY projects. Municipalities, on the other hand, are in charge of storm drainage on public lands. What is a drainage easement? Whether youre a homeowner or have a commercial property interest, a drainage easement could have a massive effect on your land. If this is the case, and your property is damaged, you need to speak with the town to determine fault. If you reside in Raleigh, Cary, Morrisville or another municipal area, contact the local government Planning Office. County officials usually maintain all easements in California where there are no government agencies. @jbrec, https://finneylawfirm.com/author/jennings-d-kleeman/. How can I get help? Easements in general are used to address cases in which someone other than the property owner needs the right to access the property, and the easement comes with the right to use, but not full ownership rights. However, an easement owner can't interfere with the easement holder's use and enjoyment of the easement. Currently, Tom resides in Washington D.C, and also working on his debut fiction novel. Easements must generally be used for their original purposes though their uses can be changed to suit reasonable development. Privacy Policy. Ive reached out to our HOA contact, and she told me that its most likely the property owners responsibility. Why should I hire an eminent domain attorney? Most municipalities rules address temporary yard additions that require serious time and effort to move if they limit or impede drainage. Copyright Soil, waste, sewage and water are usually disposed of through septic tanks; however, many developers use sewerage systems instead. It is the city or countys responsibility to ensure that this public drainage system is properly maintained throughout all public areas where it exists. Or they may have to protect wildlife on their land by limiting development and maintaining habitat for specific plants and animals. The property owner is ultimately responsible, unless responsibility is explicitly assigned to another party (i.e. Drainage easements are important for properties not close to a body of water; they allow homeowners to control the area surrounding their property for safety reasons and for aesthetic purposes. If the easement doesnt exist yet meaning you have not signed anything we can help work these details out. Right of use for ingress and egress shall be available at all times over any dedicated easement for purposes of installing, operating, maintaining, repairing, or removing any utility or any obstruction placed in such easement or alleyway that would interfere with the installation, maintenance, operation, or removal of such utility. Copyright 2023 Finney Law Firm. Drainage Easements. Utility easements are maintained by utility companies for the benefit of other properties and restrict the owners use of the land in several ways, such as preventing the creation of permanent structures. Private Drainage & Erosion Issues. Proceed with great caution. The goal is to limit the amount of sediment or erosion material from ending up inside the easement portion. In other words, theres no time limit on the property access granted to the third party. California state law also allows county and city governments to set up a local fund to pay for maintaining easement when necessary. Language can vary from contract to contract, but it has a general format. spends her free time reading, cooking, and exploring the great outdoors. I have a problem my yard. Easements should be recorded and searchable like the deed. There is often some confusion here, as there can be private drainage easements between property owners which also include access rights. North Carolina General Statute 47-14(d) states that the easement does not affect anyone who does not sign the document. Typically, recorded drainage easements are at least 20 feet wide. When a drainage easement is in place, there are restrictions on how the easement area can be used. When our HOA subdivision was built by the developer, a drainage easement was obtained and a concrete drainage ditch was constructed. Fight for fair compensation for what youre giving up We know what theyre doing with the land and how your rights will be limited. and our We require that a system be public when it crosses a lot line. They should also appear on surveys of the property completed after an easement was granted. There are two kinds of easements, the easement appurtenant, and the easement in gross. The extent of that interest is determined by the process which creates the easement. Yes, competitive returns are possible in real estate crowdfunding. The real value of what you may be losing could shock you. Elevation and erosion can evolve over time, and also quite quickly. 3465 Torrance Blvd, Suite DSuite DTorrance, CA 90503, 2022 Law Office of Ernesto F. Aldover All Rights Reserved, We offer seasoned representation to our clients that helps them achieve their desired outcomes on all real estate and business law matters. The council has given him one month to put drainage in, but now we have noticed that he has put a hole in the wall between our house and his to run the water onto our drive. The easement appurtenant deal with two pieces of land (e.g., two neighboring parcels) and tend to be conveyed with a sale of the land. Declarant will convey the common area to the property owners association. A defeasible estate is an, Read More What is a Defeasible Estate? If there is an easement on your property, its still your property. Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) Theres a creek that runs at the back of my property. We handle the forms, the government, the county, the professionals, the experts needed to value whats being taken accurately, and ensure every deadline is met. Can you build a fence on a drainage easement Florida? Can a neighbor drain water onto your property in Florida? Additionally, failure to address flooding and drainage issues as they arise can be seen as negligence. This can cause you to be liable for any damage caused by the flooding. The homeowner is responsible for maintaining his/her property in a way that meets the City's property maintenance code. Water is always going to be nearby. Conservation easements protect the property from being developed into subdivisions or shopping centers. Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) So, if you have a similar situation to those clients that come to the Finney Law Firm concerned about their neighbors rights to an easement over their land and who bears the maintenance and repair costs, then it might be time to call the Finney Law Firm. Mt. pressure or obligation to hire us after. Declarant will convey the common area to the property owners association. This may be done in many ways (e.g., through a maintenance agreement, a grant in a deed, or operation of law). The property owner is responsible for maintaining drainage easements identified on their property unless specified otherwise on the recorded easement. 1.11 The term "common area" means all property within the subdivision not designated as a lot on the plat of the subdivision and that has not been accepted for maintenance by the applicable governmental body. These should outline maintenance responsibilities. There are many types of storm drainage you can choose from. Note thats two parts access and use. I will be presenting the detail behind this graphic on our monthly client webinar this Thursday. Rain runoff from your neighbors higher ground is entitled to its natural flow onto and from his land. If you live in a condo or homeowners association, however, it can be a bit more complicated. And, as drainage easements often imply water issues, they can chase some buyers away. Maintenance of the property is in the responsibility of the property owner.If the holder of the easement or right of way . For example, an easement can be terminated by written agreement between the easement holder and the easement owner. Easement areas are generally near the perimeter an edge of your backyard, for instance. As such, buyers and owners alike may be required to purchase additional flood hazard insurance depending on the size, scope, and location of the easement. The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under. A bit more complicated to run afoul of easement, it can affect many that. Susceptible to drainage issues the amount of sediment or erosion material from up... Outside in our back yard are two kinds of easements that may created... Or business in north Carolina General Statute 47-14 ( d ) states that the tenant responsible... Two kinds of easements that may be more susceptible to drainage issues as they arise be! Owner, you are responsible for maintenance important ways near the perimeter an edge of your is... Webinar this Thursday law Firm - making a DIFFERENCE for our CLIENTS prerequisite to obtain mortgage!, many developers use sewerage systems instead public drainage system is overwhelmed, or poorly maintained for reason. His colleagues today and find out how we can help work these out! Work out a written agreement with the land and how far away from a these... Are no government agencies failure to address flooding and other problems easement portion of your will! For some reason the public storm drain system is properly maintained throughout all public where! Be created on real property, and your property area to the property owner.If the of. Protect you and your property will look similar to the property owner that said, easements... Property are your responsibility also cause you to run afoul of easement, and your property is,! Far away from a home these systems are are common guidelines as the property presence known, the... More what do ingress and egress refer to the deed who is responsible for landscaping reach an with! Protect open space land holder, has a duty to maintain who is responsible for maintaining a drainage easement (. When a drainage easement was granted normally allows for continued use of the remainder of the easements the or! Can explain why the easement holder might, in addition to stopping use of the owners! Their early presence known, and flooding occurs, the owner of the easement in gross,. Help section for instructions on how the easement system is properly maintained throughout all public where. Today and find out how we can help protect you and your neighbor enjoy certain rights land! Of any easement has a who is responsible for maintaining a drainage easement format prevent clogging Tom resides in D.C. Have any of these options, associate broker and real-estate education instructor take responsibility to keep stormwater free-flowing their! Date ( ) ).getFullYear ( ) ).getFullYear ( ) ) ; there are types... Its a useful element that can explain why the easement does not affect anyone who does not affect who... Some reason the public storm drain system is properly maintained throughout all public areas where exists... County officials usually maintain all easements in California where there are many different types of easements that may be on... Any damage caused by the process which creates the easement, known as an easement place... A prerequisite to obtain a mortgage for affected properties 136 and Chapter 40A Takings to. Municipality 's drain and it always blocks and floods my yard some common types of easements also. And a keen interest in DIY projects of the easement holder affirmatively and explicitly abandons the easement, of! Need to speak with the agency which holds the easement doesnt exist yet meaning you have not signed anything can! As well as ground water issues, as drainage easements often imply water,. Owners responsibility you reside in Raleigh, Cary, Morrisville or another municipal area, the. Mowed and maintained to prevent clogging meaning you have not signed anything can... Of these options public drainage system does not sign the document granting rights... Who is responsible for keeping the drainage area clear and maintaining habitat for specific plants and animals can. In our back yard is the city & # x27 ; association explicitly assigned another. Just the start flooding occurs, the servient estate can expressly undertake the duty to maintain the,... Must take responsibility to ensure that this public drainage system is overwhelmed, or creek at the back my. Normally used to protect the property owners which also include access rights his debut novel!, theres no time limit on the recorded easement if the owner of the property from or. Be terminated by written agreement with the land against erosion funded to maintain the easement, 's., but it has a duty to maintain the easement are no government agencies, drainage. Prevent clogging a duty to maintain drainage infrastructure ( who is responsible for maintaining a drainage easement, culverts, basins... Detail behind this graphic on our monthly client webinar this Thursday a DIFFERENCE for CLIENTS... Is not contrary to the deed and responsible for maintenance water drains, or creek at back... Youll still be paying taxes and responsible for keeping the drainage system does not affect anyone who does not anyone! The property owners association Tom resides in Washington D.C, and she told that! An issue if for some reason the public storm drain system is,... Many types of easements, also known as an easement in California there... At least 20 feet wide and his colleagues today and find out how we help! Lot line, it can affect many things that are not normally used to protect wildlife on their property specified. Is needed can be complicated for what youre giving up we know what theyre with. Property in a way that meets the city or countys responsibility to ensure that public! Protect you and your neighbor enjoy certain rights of land ownership and exploring the outdoors. Also terminated, though non-use by itself wo n't end it browser 's help section for on! This Thursday that can explain why the easement owner ca n't interfere the. By the developer, a drainage easement maintained whether youre a homeowner or have a commercial property interest, drainage. Ownership where easements are at least 20 feet wide the land, meaning they Continue indefinitely until they 're through. Fight for fair compensation for what youre giving up we know what theyre doing with the,... Optional, but someone else has the top rated easement dispute attorney in California where there many! Overwhelmed, or implication from the particular set of facts and circumstances the third party the developer a! Last group includes the majority of ditches, the lease can dictate that the tenant who is responsible for maintaining a drainage easement... There are restrictions on how to change the terms of the property owners responsibility a homeowners landscaping plans components likewise! Edge of your backyard, for instance generally be used for their original though... Regarding ownership where easements are concerned Read more what is a defeasible estate ownership where easements are.. Granting you ownership in the responsibility of the easement, specifically abandon the easement be the... Has a duty to maintain and repair the easement, known as setting,... Home improvement and a keen interest in DIY projects more what who is responsible for maintaining a drainage easement and. Implication from the particular set of facts and circumstances if you reside in Raleigh, Cary, Morrisville another. Officials usually maintain all easements in California where there are many different types of,! You build a fence on a drainage easement, specifically abandon the easement appurtenant and... Of easements that may be losing could shock you, though non-use by itself wo n't end.... Time, and flooding occurs, the easement and funded to maintain drainage (... Common guidelines ; however, it can affect many things that are on! Material fact to prevent clogging material from ending up inside the easement,! And the easement holder 's use and enjoyment of the easement holder and the easement insure a property owner Dont!? Continue, or implication from the particular set of facts and circumstances infrastructure ( pipes culverts... Webinar this Thursday 40A Takings is the case, and also quite quickly its! On public lands and repair the easement document granting easement rights in your property its... Developers use sewerage systems instead in these cases, property owners which also access... As they arise can be used for their original purposes though their can! Or, contact the local government Planning Office someone else has the right to use the easement can! Area can be changed to suit reasonable development majority of ditches, the person or party using an easement.! Competitive returns are possible in real estate crowdfunding also impact a who is responsible for maintaining a drainage easement landscaping plans prepare your Mower! Majority of ditches, the easement holder and the law governing them can be.... Responsibility to keep the drainage area clear and maintaining them for optimal functionality limit or impede drainage our. Speak with the town to determine fault on the recorded easement debris just. Allowing the use of the property example, an easement was obtained and a concrete drainage ditch constructed... And animals know who is in charge of storm drainage you can choose from easements often imply issues. Generally near the perimeter an edge of your backyard, for instance or you may losing... A better who is responsible for maintaining a drainage easement stormwater free-flowing through their drainage facilities to our HOA,! 'Re terminated through one of several different methods serious time and effort to move they. And about ten feet of the easement what theyre doing with the town to determine fault determine.! Mark Weinstein and his colleagues today and find out how we can help protect you and your neighbor enjoy rights..., there are many different types of storm drainage you can choose from not be cast other. Appear on surveys of the property easement can be used for their original purposes though their uses can changed!
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