Tom Gaffey Most municipalities rules address temporary yard additions that require serious time and effort to move if they limit or impede drainage. Article 2 EXTERIOR MAINTENANCE Every owner exercise reasonable care to keep buildings, streets, alleys, curbs, fences, sprinklers, signs, landscaping, lighting, and other related improvements and fixtures, whether enumerated or not, and neat and orderly condition, normal wear and tear expected. 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. If this is the case, and your property is damaged, you need to speak with the town to determine fault. Elevation and erosion can evolve over time, and also quite quickly. 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. The landowner is usually referred to as the grantor, while the third party is the grantee. 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. These should outline maintenance responsibilities. As long as easements are used within reasonable bounds, though, easement holders must be allowed to enjoy them. However, the law is fairly clear about who has responsibility for maintaining an easement. It is the city or countys responsibility to ensure that this public drainage system is properly maintained throughout all public areas where it exists. Locked in at historically low interest rates. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another - they provide pedestrian and/or vehicular access. We have several. A landowner having an easement on her land is also known as the easement owner. However, they are not normally used to protect the property from construction or destruction. Water is always going to be nearby. Flooding and erosion can multiply if it is left untreated. Who is responsible for maintaining a drainage easement in Florida? Homebuyers are defying expectations. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). Cleaning up sticks, leaves, and debris after heavy rains or flooding, Clearing out incidental debris from creeks and drainage ditches, like sticks, leaves, and grass trimmings, Clear-cutting creek banks of vegetation as part of routine maintenance, Mowing ditches or storm drains on the property, if applicable, Regrading a storm drain to repair erosion or reseeding the area to prevent erosion, Repairing damage to personal private property as a result of storm drain runoff or flooding, Removing fallen trees or large debris that create a drainage problem, Clearing drain pipes, catch basins, and culverts, Repairing and replacing broken drain pipes, Controlling creek bank erosion that threatens water quality or property, Repairing sinkholes that can occur over drain pipes, Taxes on a property you own but cannot utilize how you want, Possible value reduction depending on the nature of the easement and proximity to improvements like houses or commercial buildings, Third-party access requirements and interruptions, Additional water flow through the property. There are many different types of easements that may be created on real property,and the law governing them can be complicated. The maintenance of drainage facilities in Scottsdale is generally the responsibility of the individual homeowner or the homeowner's association, even if the facility is located within a drainage easement dedicated to the city. Specifically, but not in limitation of the proceeding, such right to maintain and repair shall include the right to cut any overgrown grass or weedy vegetation. 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. A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence. But who is responsible for maintaining these storm drains? As the property owner, you own the easement, but someone else has the right to use the easement portion of your property. Condos and multi-family homes vary significantly in design and in ownership. When a drainage easement is in place, there are restrictions on how the easement area can be used. 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. Drainage Easements preserve a legal path for stormwater conveyance. However, specific rights to use the land are granted to the holder of the easement. Retaining and preserving wetlands is important to our ecosystem; conserving wetlands will help keep water clean and prevent soil erosion from land-disturbing activities. He also spent seven years as an airline operations manager. Keeping drain grates free of debris is just the start. We Handle a Wide Range of Cases and Provide Professional easement dispute lawyers in LA, California. Building near a drainage easement is risky. An easement may be created by deed, prescription, or implication from the particular set of facts and circumstances. The last group includes the majority of ditches, the easements. Easements are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's 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. Cities may maintain easements in certain areas they own or control such as parks and golf courses. 859-577-7893. Ivy Pointe Title is part of the Finney family of companies dedicated to making a difference for our clients. 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. Can You Make Money Crowdfunding Real Estate? No shrubbery, fence, or other obstruction shall be placed in any easement. Proper water drainage is essential when it comes to maintaining a well-functioning property. If your storm drainage is subpar, flooding and severe damage can occur. The title is usually something like Drainage Easement Agreement. Next comes the preamble, which includes the grantors' and grantees names, the address of the property, and the date of execution. Who is responsible for maintaining drainage easements? These easements also run with the land, meaning that theyre attached to the property deed itself. The first part of a drainage easement contract is pretty straightforward. Some contracts also mention the grantors responsibilities, namely not blocking access and keeping the area clean. Guerra is a former realtor, real-estate salesperson, associate broker and real-estate education instructor. Property Easement Maintenance. 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. An asbestos operations costs to easement is for the maintaining a responsible drainage facilities owned by your township zoning ordinance by you and effect of the ponds. We use cookies to ensure that we give you the best experience on our website. While fighting an eminent domain taking may be risky and quite difficult, fighting for fair compensation for the land and rights youre losing is worth the effort. 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. And, as drainage easements often imply water issues, they can chase some buyers away. Public easement owners often have a right of first refusal when someone wants to build on their land. If the government is taking your land, follow these five important steps! 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. Sometimes, that will mean cutting things that are growing in it. Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. The owner of upstream property possesses a natural easement on land downstream for drainage of surface water flowing in its natural course. This is no fun for my kids who love to play outside in our back yard. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. Note thats two parts access and use. @WSJ https://www.wsj.com/articles/how-do-noncompetes-affect-jobs-and-pay-ask-a-hair-stylist-5eaaa56c, How to keep your side hustle from turning into a tax hassle #IRS https://www.wsj.com/articles/sell-on-ebay-or-get-paid-on-venmo-you-probably-owe-the-irs-taxes-e97172e0, When Its Easy to Be a Landlord, No One Wants to Sell: However, the governmental entity still has the capability to make changes. Call 310-954-1877 to schedule a consult. If for some reason you are unable to locate your answer you should not assume. SFgate describes the responsibilities given to an easement holder under law and the rights you have as a property owner. In some cases, a neighbor may need to adjust their drainage if it unfairly drains onto your property. There may be restrictions on fencing and landscaping, or there may not, depending on the nature of the easement and the type of fence you want to erect. Land has a way of shifting. And if we take your case and cant get you more, you pay nothing. If your property is subject to an eminent domain taking for a drainage easement, you may have more options. An easement is a specific property of land that belongs to someone else; however, what you can do on the easement will depend on the type of easement. The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owners property. I am a professor with 7 years of experience. There are a few semi-standard forms the NCDOT, for example, may employ. There is a culvert that stops in my backyard 25' from the rear of my property line, leaving a ditch (10' wide by about 6' deep) running through my property. What Are NC Chapter 136 and Chapter 40A Takings? Others believe that easements negatively affect property values; this may be true if someone purchases property with an easement and they cannot use it as they wished. Drainage Easements and Buffers Does Wake County maintain drainage or buffers? This is where he found his passion for home improvement and a keen interest in DIY projects. All drain spouts, gutters, drainage system,s and runoff paths are the responsibility of the property owner. While the easement may be used for the good of the public and therefore public use by the letter of the law, it does not enable the general public to access the property or easement. 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