A drainage easement agreement is basically a contract between a landowner and the third party requesting the easement. An easement is part of your land or property that the government or utility companies can access. 6 feet at the rear of my property running along the back are used for a private drainage easement that is to be maintained by my HOA. Here's a breakdown of the types you're most likely to come across: Easement appurtenant. Heres What You Need to Know! DRAINAGE EASEMENT EXPLANATION A drainage easement is a part of your property where the District has limited rights of access and/or use. Before abandoning your dream addition, though, pull that title report out of your files and carefully review the language regarding the easement. Be sure to ask your real estate agent what any easements on your new home might mean for future DIY projects. If one or both of them refuse, you have a few options. To change the language of this website, click the drop-down list and select the desired language. s. It's possible, in some cases, to remove an easement from your property. A drainage easement allows the owner of a property to drain water accumulated from precipitation off of his property and onto an adjacent property without legal penalty. However, a large easement on a smaller lot that prevents the owners from having full use of much of their property may see a more significant decrease in value. These easements are maintained by the County. This means that if the neighbor moves, you don't have to grant the same easement, or any easement at all, to the new owner. The statements and opinions are the expression of the author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Another common easement is if you and your neighbor share a . There are a number of factors you must carefully evaluate to determine fair compensation for a drainage easement: Are You Serious About Your Case? The allowed use varies from easement to easement, but in most cases, the landowner is not allowed to interfere with that use. Tips And if the deal is for a temporary easement, the organization must vacate the land after the period mentioned in the agreement. Easements and licenses are similar and sometimes get confused. Unfortunately, if your neighbor refuses to vacate the easement, you most likely will not be able to get rid of it. Its recommended to buy additional flood hazard coverage to get properly compensated for any possible damages. My township storm drain empties into my yard causing flooding, and they have given me the runaround for years. No, a drainage easement is not necessarily permanent. A property easement is generally written and recorded with the local assessor's office. Our property line is 30' from the waters edge. You should avoid planting trees or much landscaping as well. If the drainage system does not work properly, the property owner can be at risk of flooding and other problems. He has done nothing other than to knock the holes in the wall. Houston, TX 77008. Thus a drainage easement benefits the adjacent upstream property, the dominant estate, and burdens the adjacent downstream property, the servient estate. Also, (n)atural drainage conditions may be altered . Stormwater Directive. The specific time frame varies by state, so check your local laws to know when its time to bring the hammer down on trespassing neighbors. If work being performed nearby would impact that soil, erosion control measures may be mandated. The two legal concepts couldnt be more different, so lets clear things up right now: Examples of an encroachment may include your neighbor putting in a fence that sits on your property, building a tool shed that straddles your shared property line or using your yard as a shortcut to get to other land. Utility operators (gas, electric, sewer, etc.) It doesnt matter if the new route is inconvenient once its available for use, the easement by necessity is void. But I've noticed that people use the easement as a shortcut to the common area. I have a right of carriageway crossing council land. No one likes to be told what to build or not to build on their property. Delaware Licensed Loan Officers | Texas Consumers: How to file a complaint | Do not sell my personal information. Get a copy of the easement agreement if you don't already have one. This easement grants other designated people the right to specific types of access. But thats not always the case. Buyers who are worried that an easement may negatively affect their property value should consider comparable homes that have sold in the area with similar easements. Do Not Sell or Share My Personal Information. Getting rid of excess soil and rocks obstructing drainage channels, Taking proactive measures to prevent soil erosion L, Taking care of detention basins to prevent water accumulation during dry seasons, Fixing erosion gullies and reseeding the easement area, Your lawyer will review the governments claim and ensure no property rights are being infringed, Theyll hire a network of expert appraisers, surveyors, and environmentalists to present a strong and legitimate counter offer, Theyll ensure any unnecessary construction restrictions and maintenance obligations are scrapped from your agreement, Negotiate a settlement thats much higher than the governments initial offer, Take charge of all legal correspondence and actions to free you from all stress, File a lawsuit to get you compensated in case the government violates the agreement in any way, Loss of market value due to property restrictions, Losing amenities and not being able to fully enjoy the property, Damages caused by construction and maintenance work done by the government authority. Granting a drainage easement can aid in safeguarding the land against water damage, such as flooding, which may result in expensive reparations. When natural and historic drainage conditions are modified or disturbed by construction or development, the law becomes more complex. When I bought it, I recall seeing a city sewer line easement in the title report. An appraiser helps determine a dollar amount that would compensate you for any damage to your property. In traditional legal terms, an easement is a form of servitude which is defined as [a] charge or a burden resting upon one estate for the benefit or advantage of another (Blacks Law Dictionary). Is there anything we can do? This section is optional, but its a useful element that can explain why the easement is needed. Your first option is to do nothing, allow the roadway to further deteriorate, and essentially force them to the bargaining table. They are in charge of keeping the area clean and free of impediments and the drainage system in good operating condition. Ronna L. DeLoeis a freelance writer and a published author who has written hundreds of legal articles. 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. As long as it doesnt interfere with this, you have the freedom to build the structure you need. If your title is burdened by an easement; or in your case, two easements; you have no choice but to allow your neighbors to use your driveway. Bringing a lawsuit to contest the easement. View Easements A view easement will prohibit a home owner from planting or building above a certain height to avoid obstructing the view from other properties. This agreement will remain tied to your property deed and will be transferred to any future owners. Driveway Easements When a large lot is subdivided, one property owner may need to drive through the other lot to gain access to their own home. Do I need to worry about this? For example, a drainage easement allows outside entities access to a portion of someone's property to access drainage infrastructure or make repairs to prevent flooding. Property owners are responsible for routine grounds maintenance such as grass mowing and trash or debris removal, and should ensure that systems are kept free of yard waste such as grass clippings, tree trimmings and leaves that may block the flow of water. Check with the county clerk or county land records office to find out whether the prior deed shows an easement. I don't have a problem allowing her to use my driveway for now, but I want to have the ability to stop her access in the future. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. For instance, if you agree that she will help pay to maintain the driveway or to indemnify if she gets hurt using the driveway, you don't want a "he said, she said" argument over what was agreed to. The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owner's property. often have easements for the purpose of installing and maintaining their utility lines and structures. 1. That's easy math on a rectangular lot with parallel property lines. An easement might take up just a small area of your property, but it all depends on what your municipality determines that it needs. Remember, in many cases, easements are not disruptive for new homeowners, so dont feel discouraged if the home youre considering buying has one. Any easements will come up during a routine title search, so youll have time to think it over. An easement is a right granted from a property owner to another for a specific use of a portion of the owner's land. Getty Many properties have drainage easements within them, and if you're purchasing a home you will see the outline of the easement on the title plan. state your right to unilaterally, and for whatever reason, revoke the license, limit use of the driveway for a specific duration (such as two years), even though you retain the right to revoke at any point during that term, prohibit use of the driveway for any home business your new neighbor might operate (in which case you might see an increase in traffic), obligate your neighbor to indemnify you in case she, or a guest of hers, is injured while using the driveway, and. Call Your Texas Eminent Domain Lawyer For A FREE Case Review And Know What Your Case Is Worth. But what does that mean in actual practice, particularly when it comes to issues like home improvements and neighbor relations? Types of Easements Easements can come in many shapes and forms. The law does provide a possible way for you to limit use of your driveway to your soon-to-be neighbor and retain the right to revoke or terminate access. However, theyll direct most of the maintenance responsibilities to the property owner. 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. Some easements are non-events like utility easements, for example. Previously harmless objects in the drainage path become obstacles, and water reroutes without benefit of hydraulic design. On one hand, they'll help keep your property safe from flooding. Whether you're the dominant or servient property of an easement, having an easement can sometimes negatively affect the value of your property. An easement is a right granted from a property owner to another for a specific use . The good news is, though, that utility easements by and large dont impact the day-to-day usage of private property. Utility operators (gas, electric, sewer, etc.) At the front edge of the easement there is a block wall with a concrete base. The best part is you wont have to pay our experienced domain lawyers anything upfront. 1973), plaintiffs brought an action for trespass when the defendants entered plaintiffs property to reopen a ditch. Unlike an easement appurtenant, an easement in gross doesnt run with the land. In Shrull v. Rapasardi, 517 P.2d 860, 862 (Colo. App. The trial court granted the motion. Storm drainage easements may be shown on the plat you received when you purchased your home. Government authorities are also permitted to make reasonable modifications to maintain the drainage area. Homes located in the hills, and properties situated on drainage channels or near lakes or rivers, frequently allow drainage easements. I built a retaining wall which doesn't need a consent and now must drain from behind said wall. Let's get you the compensation you're entitled to. Any damages suffered in this process will drag down your property value further. The body in charge of administering the drainage easement is the one that owns the drainage system. The easement cannot be lifted from the deed unless there are special circumstances, and it will be associated with the deed even when it is transferred or sold. Accord, Stoll v. MacPherson Duck Club, Ltd., 607 P.2d 1019, 1022 (Colo. App. For example, you may decide to allow your neighbor to use your property to access the lake that's only behind your house. It takes years potentially decades, even for prescriptive easements to come into play. Well respond within 15 minutes during normal business hours. Before purchasing a property, hiring a surveyor will allow you to know not only the size of the property and the exact location of the property lines, but also the existence of any easements. In some situations, courts may deem it essential that third parties access your land. Conservation Easements A park or greenbelt running alongside a property is protected from alteration by a conservation easement. If you and your neighbor share a driveway due to an easement, and if you're the servient property, you can't stop your neighbor from using the driveway. 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. But it would force your neighbors to retain attorneys to get a court to order your compliance. Or, if a property contains the only access to a public park or beach, an easement would allow for the public to walk through a certain part of that property to get there. Utility Easements These may include utilities below ground (natural gas lines, storm drains, sewer mains) or above ground (power or phone lines) that are located on private property. In either case, its always good to review the specific terms of any easement affecting property youre considering purchasing. What are the Different Types of Drainage Products? The impact of a drainage easement on a propertys value depends on several factors, some of which may be unique to the specific property. The Illinois Court of Appeals reversed, holding that the plaintiffs had alleged injury-in-fact that the drainage channels created unreasonably dangerous conditions for their children, deprived them of the use and enjoyment of their yards, and created soil erosion in their yards.
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drainage easement on my property
