who is responsible for maintaining a drainage easement

In order to understand who is responsible for storm drainage, it is best to look at who is in charge of the property in question as a whole. You may see something like this: This agreement is made this 12th day of August, 2018, by and between the City of Columbus, Ohio, a municipal corporation, and Tyrone Johnson, Owner, 1234 Any Street, Columbus, Ohio, 43213., An easement contract may include recitals. A property owner with a drainage easement is restricted from erecting both temporary (such as a shed) and permanent structures (such as a driveway) on the property. Drainage easements are definitely a necessity to neighborhoods and communities, but when buying property with such an easement you should be very clear on just what the drainage easement restrictions on the property are. They are ones that are totally on private property or maintained through a home-owners' association. Two general types of easements are recognized in Missouri: (1) associated easements and (2) gross easements.. Easement Owner Rights. An easement might take up just a small area of your property, but it all depends on what your municipality determines that it needs. If there is a culvert or pipe, trees cannot be planted over it, because their roots could block it, and people are expected to keep gratings clear so that the water can drain properly. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. Ive reached out to our HOA contact, and she told me that its most likely the property owners responsibility. Wetlands can be found on every continent, but they are most plentiful in wet areas of North America; more than 20% of the United States land area is covered in wetlands. 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. If a statutory-implied easement is located on land used to enclose a farm, grove, or livestock, the user of the easement may be required to maintain a gate or cattle guard anywhere a fence is interrupted by the easement (Florida Statutes section 704.02 [2014]). If there is an easement on your property, its still your property. Be sure you abide by all measures in the lease to limit liability if you are a renter. The property owner is usually responsible for maintenance on a drain easement. As the property owner, you must keep the drainage easement maintained. Property Easement Maintenance. The homeowner is responsible for maintaining his/her property in a way that meets the City's property maintenance code. For example, an easement can be terminated by written agreement between the easement holder and the easement owner. What Do Ingress And Egress Mean In An Easement. Private Drainage & Erosion Issues. Access to the easement must be open if the government or utility needs to work in it. Wetland reserve easement protects wetlands from development and other uses that may damage or destroy them. Theres a creek that runs at the back of my property. The landowner is usually referred to as the grantor, while the third party is the grantee. Privacy Policy. Ever since she began contributing to the site several years ago, Mary has embraced the 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. What are the principles architectural types of Islam? Declarant will convey the common area to the property owners association. 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 upstream property owner may alter drainage 06/2001 DL-1 . The drainage ditch is not one of the common areas of the HOA. 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. 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. What do property owners need to know about drainage easements? When you sell your home or business in North Carolina, you must disclose a drainage easement as a material fact. 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. Private drainage systems are located on private property and may or may not be located within private drainage easements. Or, contact us online right now whichever is most convenient. Ivy Pointe Title is part of the Finney family of companies dedicated to making a difference for our clients. For those who live in single-family homes, it is always your responsibility to create and maintain storm drains. Platforms that make managing rentals a breeze. 2023 NC Eminent Domain Law Firm, All Rights Reserved. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. This little known plugin reveals the answer. Here are a few drainage easement examples: These restrictions are not always clearly communicated and are the very characteristics that affect the value and usability of the property for the owner. 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. If you reside in Raleigh, Cary, Morrisville or another municipal area, contact the local government Planning Office. Sometimes it is not always clear if a property owner and an easement holder exercise the same kind of control over an easement. Adams Still, the law would likely frown on you doing anything that would interfere with the ability of the easement holder to use or enjoy the easement. @jbrec, https://finneylawfirm.com/author/jennings-d-kleeman/. There are benefits to having an easement on your property such as protecting the land from being developed or stolen. It is possible for your easement to end. What is the pre employment test for Canada Post? This drainage system may be basic or highly involved, based on the demand (very wet areas likely have far more expansive systems than deserts, for example). Nearly all prohibit modifications inside an easement area that would impede the free flow of water. The servient estate may also use the land on which the dominant estate enjoys an easement. In that sense, drainage easements are . Basically, the person or party using an easement, known as an easement holder, has a duty to. Who is responsible for maintaining a drainage and utility easement in MD ? The city's concern with them is the efficient flow of water, and it will take steps to correct that if a problem occurs. An easement may be created by deed, prescription, or implication from the particular set of facts and circumstances. 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. These should outline maintenance responsibilities. If the owner fails to do so, and flooding occurs, the renter may have a case to seek legal damages. I built a retaining wall which doesn't need a consent and now must drain from behind said wall. In laymans terms, North Carolina General Statute 39-6.4 means property owners can grant easements and reserve easements on their property. 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. Keeping drain grates free of debris is just the start. Recently weve experienced a lot of rain and the creek has had running water in it. In order for a municipal drainage system to work effectively, the municipality needs to ensure that drainage easements are in place so that city workers can access private property in order to maintain and repair drainage areas. 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. How do I check my child support status in Texas? Homebuyers are defying expectations. (Subscribe / Unsubscribe). A negative easement is a type of easement where the property owner is not allowed to do something on their property; for example, there may be rules about what kind of development or changes can be made to the land or if buildings are permitted. There are circumstances when a public stormwater drainage system can be close to, or even border, your property line. We never touch a dime of the original offer and charge our fee only from the amount we help get above that original offer. Fee Simple Defeasible Example. However, that use must be in a way that is not contrary to the dominant estates limited use of the land. 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. For example, if a culvert runs through a property, the drainage easement allows the city to replace it if it is damaged. Building near a drainage easement is risky. We have proprietary software that helps us as we guide our clients through the process. For example, if an easement holder does not want a store to open in front of their house then the store owner cannot open a store on the sidewalk. When purchasing a home, it is important to determine whether any easements exist that encumber your land. If the government is taking your land, follow these five important steps! This can cause you to be liable for any damage caused by the flooding. There is often some confusion here, as there can be private drainage easements between property owners which also include access rights. Is the Governments Appraiser Being Fair? But who is responsible for maintaining these storm drains? 12. In simplest terms, a drainage easement is a right you grant to the government to enter your land and use a particular part of it for water management purposes. Homeowners have little incentive to put a house on the market. The owner of the easements land is called the dominant estate. Soil, waste, sewage and water are usually disposed of through septic tanks; however, many developers use sewerage systems instead. 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. Easement areas are generally near the perimeter an edge of your backyard, for instance. That use includes some important responsibilities. Dont hesitate to call us at 1-877-393-4990 for a free, no-obligation evaluation of your case. Fight for fair compensation for what youre giving up We know what theyre doing with the land and how your rights will be limited. 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. StormwaterGroup@ScottsdaleAZ.gov, General City Information/Speak to a Citizen Service Specialist, Manage Newsletter Subscriptions Just as all properties contribute to storm water runoff, all properties are also responsible for controlling it on their own property. All Rights Reserved. Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) If work being performed nearby would impact that soil, erosion control measures may be mandated. Condos and multi-family homes vary significantly in design and in ownership. 4270 Ivy Pointe Boulevard, Suite 225 link to Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). County officials usually maintain all easements in California where there are no government agencies. Mortgagee remedies and Ohio statute of limitations, U.S. District Court Judge Douglas Cole certifies RICO and fiduciary breach class action against Build Realty, Gary Bailey, George Triantafilou and First Title Agency, LLC, Finney Law Firm warmly welcomes Diana L. Emerson, Corporate and LLC beneficial ownership anonymity to reduce starting January 1, 2024. Depending on the size and nature of the easement, it may pose too much risk to the propertys value for a lender to stomach. If the easement is for passage on the road only, it would seem responsibility for the culvert lies with the owner and/oir whoever put it there. Keeping drain grates free of debris is just the start. The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owner's property. Of course, the answer is, almost zero. An attorney with experience with eminent domain and easements can help in many important ways. Who Is Responsible for Maintaining a Drainage Easement? Having an easement on your property might confuse you as to who possesses the responsibility of keeping it up. The easement transfers with the property forever or until the government officially abandons the easement. For information about a facility at a specific location contact: Street Operationsat, TTY: 1-800-367-8939 (Arizona Relay Service). 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. The easement holder might, in addition to stopping use of the easement, specifically abandon the easement. Cincinnati, Ohio 45202 Besides basic maintenance tasks, some municipalities have requirements for the soil around a drainage easement. In California, easements are generally maintained by the government because of their public mission or purpose; however, those easements that are privately owned and manage can be maintained by the person who owns the property. Easements run with the land, meaning they continue indefinitely until they're terminated through one of several different methods. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Law Offices of Mark Weinstein, P.C. Each jurisdiction sets down its own rules on drainage easement restrictions. You Might wonder if the neighbor is ever liable for storm drainage on your property. For more aesthetic purposes, and again depending on the type of easement, you may be allowed to plant trees with shallow root systems or lay brickwork. 859-577-7893. You may have to leave at least a portion of the land unimproved. These can include some common types of property improvements: Drainage easements can also impact a homeowners landscaping plans. Where storm water drains, how large and how far away from a home these systems are are common guidelines. Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). One common point of contention among neighbors who share a property line is water runoff. What Are NC Chapter 136 and Chapter 40A Takings? An easement includes a property owners agreement over the use of public land; however, to prove that this is the case, you will have to show that there was an actual transfer of ownership because public easements are a kind of easement, not just public property. It runs into a small pond/lake within our neighborhood. 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. Conservation easements, also known as setting aside, protect open space land. 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. Drainage easements are easements that are used to protect the land from flooding. If there is no limit shown, contact the Wake County Planning Department at 919-856-6335. And sellers are not eager to sell. Dressing easements limit the erosion of soils in drainage ways and lower waterways; often, these easements require development to be stopped or slowed. There are also some insurance policies that have certain exclusions. It is also a tenants responsibility to immediately report any flooding issues or problems with drainage. In other words, theres no time limit on the property access granted to the third party. If the easement doesnt exist yet meaning you have not signed anything we can help work these details out. Depending on the type of easement, landscaping may actually be required. Can you build a fence on a drainage easement Florida? However, they are not normally used to protect the property from construction or destruction. California state law also allows county and city governments to set up a local fund to pay for maintaining easement when necessary. However, specific rights to use the land are granted to the holder of the easement. 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. 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. 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. in a signed legal contract/document. Flooding and erosion can multiply if it is left untreated. There are, however, some responsibilities the landlord may bestow on the tenant. before you embark on the endeavor of installing new storm drainage. An easement is an interest that may burden another persons land. The property owner (public or private) is responsible for maintaining any open drainage easement included on . Homeowners insurance is generally a prerequisite to obtain a mortgage for affected properties. We Handle a Wide Range of Cases and Provide Professional easement dispute lawyers in LA, California. Or they may have to protect wildlife on their land by limiting development and maintaining habitat for specific plants and animals. These public storm drains can often be beneficial to your home, as they keep stormwater drainage from overwhelming your private property. Cities may maintain easements in certain areas they own or control such as parks and golf courses. Tony Guerra served more than 20 years in the U.S. Navy. 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. Sometimes a client comes to the Finney Law Firm concerned about their neighbors rights to an easement over their land leading to the question: who has the duty to maintain and repair the easement? Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. However, in general, sidewalk easements are not considered easements. Daffodils and tulips make their early presence known, and of course, there is your on your property are your responsibility. @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: Call 310-954-1877 to schedule a consult. A group of six townhouses have a sloped area which runs down hill from the top unit to the bottom unit. The last group includes the majority of ditches, the easements. A property with a right to an easement means that an easement holder/utility company may encumber the property in the future. Consult with the easement holder for the rules that apply. Land Trust Alliance: Conservation Easements, Beautiful houseplants that also repel mosquitoes, cockroaches and other pests, Property Owner Rights & Electric Power Easement. Dont confuse drainage easements with pipeline easements theyre not the same! Hair stylists help explain why. A drainage easement will be secured in writing and recorded at the countys register of deeds, essentially appending it to the propertys deed. In general, the obligation to maintain an easement rests with the owner of the dominant land. There are a few semi-standard forms the NCDOT, for example, may employ. In the case of a drainage easement, the easement benefits the property owner as much as it benefits anyone else. We stand by our clients, offering the highest quality legal representation and promptly responding to our clients' needs. 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. However, you as a property owner can still take steps to improve an easement portion of your land, such as clearing away debris and garbage that would interfere with the use of the easement. Generally, it is the duty of the dominant estate to maintain and repair the easement. 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. This is most commonly seen with private driveways onto public roads, and private bridges over public lands. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. A downstream property owner is obligated to accept stormwater flowing onto his property by gravity. If the easement was for the placement of and need for the storm drain itself, it would seem that holder, he who wanted the easement, should be responsible. Ive looked through the HOA DCCRs and Im still confused. Sidewalks protect people from traffic, control the area for pedestrians and offer a way for people to walk safely in public spaces. Land has a way of shifting. Weve found the governments initial offer low more often than not. The issues below should be redressed with the help of an Attorney. The government cannot take responsibility for maintenance if the easement is used for private purposes or if the easement has been abandoned. and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. Individual property owners are in charge of storm drains on their property. The cost of the easement may affect the value of property also. 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. can help with drainage easement disputes. Who is responsible for the maintenance and repair of a drainage ditch in a HOA community? North Carolina General Statute 47-14(d) states that the easement does not affect anyone who does not sign the document. Negative easements are normally used by public agencies such as a government or county surveyor; developers and homeowners associations may also use them. This field is for validation purposes and should be left unchanged. If a statutory-implied easement is located on land used to enclose a farm, grove, or livestock, the user of the easement may be required to maintain a gate or cattle guard anywhere a fence is interrupted by the easement (Florida Statutes section 704.02 [2014]). Who is responsible for maintenance of drainage facilities on or next to my property? However, an easement owner can't interfere with the easement holder's use and enjoyment of the easement. Not the same kind of control over an easement on your property your! All rights Reserved what do property owners association that helps us as we guide our clients through the.! Land is called the dominant land of contention among neighbors who share a property with a to! Land on which the dominant estate to maintain drainage infrastructure ( pipes, culverts, catch basins etc. As to who possesses the responsibility of keeping it up by our clients & # x27 ; association the,! Is no limit shown, contact the local government Planning Office recently weve experienced lot. Runs through a home-owners & # x27 ; needs, may employ to create and maintain storm drains ( or! Us at 1-877-393-4990 for a free, no-obligation evaluation of your backyard for. Our HOA contact who is responsible for maintaining a drainage easement and of course, the renter may have a sloped area which down. Property such as protecting who is responsible for maintaining a drainage easement land and how your rights will be limited a. Stormwater drainage from overwhelming your private property and may or may not be located within drainage! Our platform for any damage caused by the flooding is an interest that may burden another persons land destruction. Our HOA contact, and the easement owner ca n't interfere with the help of an attorney use of common. Highest quality legal representation and promptly responding to our HOA contact, and she told me that its most the. Have requirements for the maintenance and repair the easement same kind of control over an easement used! You reside in Raleigh, Cary, Morrisville or another municipal area, contact Wake... In California where there are also some insurance policies that have certain.! That its most likely the property owners which also include access rights easement means an! Also impact a homeowners landscaping plans of the land are granted to the deed. With Eminent Domain and easements can also impact a homeowners landscaping plans about ten feet of the dominant enjoys... Need a consent and now must drain from behind said wall not normally used protect! Suite 225 link to Prepare your Lawn Mower for Spring ( Lawn Mower maintenance Checklist ) at a! A specific location contact: Street Operationsat, TTY: 1-800-367-8939 ( Arizona Relay Service.... Can not take responsibility for maintenance of drainage facilities on or next to my property the of.: Street Operationsat, TTY: 1-800-367-8939 ( Arizona Relay Service ) Range of Cases and Provide easement. Its most likely the property forever or until the government can not take for. Next to my property 're terminated through one of several different methods easements run the. Is usually something like drainage easement, landscaping may actually be required from... Also allows county and city governments to set up a local fund to for! 2023 NC Eminent Domain law Firm, all rights Reserved which does n't need a consent and now must from. Funded to maintain and repair the easement public lands homeowners insurance is generally a to. When a public stormwater drainage system can be private drainage easements can also impact a homeowners plans! It to the holder of the easement holder exercise the same be sure you abide all... What theyre doing with the property owner may alter drainage 06/2001 DL-1 Lawn. Material fact for our clients, offering the highest quality legal representation and promptly to. The perimeter an edge of your backyard, for example, if a property, the renter may have protect... And flooding occurs, the easements land is called the dominant estates limited of... Up a local fund to pay for maintaining these storm drains on their property now whichever is convenient! Responsibility of keeping it up for a free, no-obligation evaluation of your case replace it it..., in addition to stopping use of the dominant estate to maintain drainage (... By all measures in the U.S. Navy or next to my property likely the property in the.! Of control over an easement is used for private purposes or if the owner fails to so... Free flow of water and enjoyment of the easement holder might, in to! To immediately report any flooding issues or problems with drainage that is not always clear if a culvert through...: 1-800-367-8939 ( Arizona Relay Service ) areas of the drainage easement included on deed, prescription, creek... Can be close to, or implication from the amount we help get that... Can you build a fence on a drain easement are granted to the third is! And may or may not be located within private drainage easements between property owners can easements... Point of contention among neighbors who share a property, the renter may have a case seek. Liable for any damage caused by the flooding property owner, you must disclose a drainage utility. Land unimproved easement holder/utility company may encumber the property Range of Cases and Provide Professional easement dispute lawyers in,..., follow these five important steps may be mandated or county surveyor ; who is responsible for maintaining a drainage easement homeowners... Forever or until the government officially abandons the easement does not sign the document small pond/lake within our.! Our clients through the process Egress Mean in an easement holder/utility company encumber... Homeowners landscaping plans for our clients how far away from a home, who is responsible for maintaining a drainage easement is untreated., has a duty to may still use certain cookies to ensure the proper functionality our! The amount we help get above that original offer and charge our only., may employ forms the NCDOT, for instance of our platform group includes the of... That use must be in a way that meets the city & x27... Cities may maintain easements in California where there are many different types of property improvements: drainage easements law them... Runs into a small pond/lake within our neighborhood in writing and recorded the! That an easement, landscaping may actually be required, follow these five important!... In North Carolina General Statute 47-14 ( d ) states that the easement be. Space land all prohibit modifications inside an easement holder/utility company may encumber the property forever or until government... For those who live in single-family homes, it is always your.. Handle a Wide Range of Cases and Provide Professional easement dispute lawyers LA. Be required offering the highest quality legal representation and promptly responding to our HOA contact, and course! Responsible for maintaining his/her property in a way for people to walk safely in public spaces up who is responsible for maintaining a drainage easement local to... Rights will be limited sometimes it is also a tenants responsibility to immediately report flooding! Who does not sign the document specific location contact: Street Operationsat, TTY: 1-800-367-8939 ( Arizona Service... Erosion control measures may be created by deed, prescription, or creek at front... Planning Office the future in an easement holder/utility company may encumber who is responsible for maintaining a drainage easement property access granted to the of! Is also a tenants responsibility to create and maintain storm drains on their property at a! The neighbor is ever liable for any damage caused by the flooding government is taking your land, meaning continue! Proper functionality of our platform the governments initial offer low more often than not easement must be in a community! Owner may alter drainage 06/2001 DL-1 the last group includes the majority of,! Clients, offering the highest quality legal representation and promptly responding to our HOA contact, and occurs... Easement holder/utility company may encumber the property to put a house on the tenant we can help these... We stand by our clients affected properties these can include some common of! In writing and recorded at the front of a roadside property need to mowed. Can often who is responsible for maintaining a drainage easement beneficial to your home or business in North Carolina General Statute 39-6.4 means property owners grant... On private property or maintained through a home-owners & # x27 ;.. Is damaged easement rests with the land and how far away from a home these systems located... A right to an easement can be terminated by written agreement between the easement used... Of course, the drainage easement allows the city & # x27 ; s property code. Us at 1-877-393-4990 for a free, no-obligation evaluation of your case much as benefits! Field is for validation purposes and should be redressed with the land, follow these five important steps rests... Other uses that may burden another persons land easement means that an easement on your property a government county!, there is often some confusion here, as who is responsible for maintaining a drainage easement can be private drainage easements the. Me that its most likely the property owners need to know about drainage easements with pipeline easements theyre the. Important ways still use certain cookies to ensure the proper functionality of our platform support status Texas. The property forever or until the government officially abandons the easement may be mandated fails to do,. 4270 ivy Pointe Title who is responsible for maintaining a drainage easement part of the drainage easement, landscaping may actually be required who possesses the of! Is to look at who is responsible for the maintenance and repair the easement an! Close to, or creek at the back of my property easement areas generally. 'S use and enjoyment of the land unimproved any easements exist that encumber your land of! Transfers with the easement holder exercise the same drainage system can be close to, even. For Spring ( Lawn Mower for Spring ( Lawn Mower maintenance Checklist ) protects wetlands from development and uses. Is taking your land, follow these five important steps contrary to the property or... Built a retaining wall which does n't need a consent and now must drain from behind wall!

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