who is responsible for maintaining a drainage easement

Easement areas are generally near the perimeter an edge of your backyard, for instance. Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. California state law also allows county and city governments to set up a local fund to pay for maintaining easement when necessary. North Carolina General Statute 47-18 essentially states that no transfer of land rights is valid until registered with the county in which the property lies. The drainage ditch is not one of the common areas of the HOA. It is possible for your easement to end. 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. Waiting can hurt your case, and the cost is the same: free. There are, however, cases when a neighbors drainage is negatively affecting your property in an almost negligent way. But who is responsible for maintaining these storm drains? There are, however, some responsibilities the landlord may bestow on the tenant. Who is responsible for the maintenance and repair of a drainage ditch in a HOA community? I have a problem my yard. We require that a system be public when it crosses a lot line. In general, the obligation to maintain an easement rests with the owner of the dominant land. Rights and Duties of Easement Owners - For Dummies . Additionally, 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 goal is to limit the amount of sediment or erosion material from ending up inside the easement portion. Land has a way of shifting. And, as drainage easements often imply water issues, they can chase some buyers away. Property owners will have to deal with things such as: document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Law Offices of Mark Weinstein, P.C. There are many types of storm drainage you can choose from. 208.1% (3x more) is an average of each cases increase as of 12/31/22. There are a lot of insurance policies that cover extreme weather (hurricanes, severe storms) and the flooding associated with them. For information about a facility at a specific location contact: Street Operationsat, TTY: 1-800-367-8939 (Arizona Relay Service). We use cookies to ensure that we give you the best experience on our website. constructing or maintaining such facility. When our HOA subdivision was built by the developer, a drainage easement was obtained and a concrete drainage ditch was constructed. Storm drains can feel like a waste of space and even an eyesore that is until they do their job. 1501 Alexandria Pike Individual property owners are in charge of storm drains on their property. North Carolina General Statute 47-14(d) states that the easement does not affect anyone who does not sign the document. The interest entitles the owner of the easement to use the land in some limited way. I built a retaining wall which doesn't need a consent and now must drain from behind said wall. Cookie Notice Water is always going to be nearby. There are circumstances when a public stormwater drainage system can be close to, or even border, your property line. Having an easement on your property might confuse you as to who possesses the responsibility of keeping it up. And if we take your case and cant get you more, you pay nothing. They are ones that are totally on private property or maintained through a home-owners' association. 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. Who is responsible to maintain an easement? Homeowners insurance is generally a prerequisite to obtain a mortgage for affected properties. This section is optional, but its a useful element that can explain why the easement is needed. What are the principles architectural types of Islam? At the end of the day, each property owner must ensure their own property is protected. Is there anything we can do? Drainage Easements and Buffers Does Wake County maintain drainage or buffers? But while easements convey certain rights, they also come with various responsibilities, including for maintenance. Maintenance obligations may be onerous; for example, property owners must preserve the slope of the land to ensure proper drainage. Since its founding in 1996, the Law Offices of Mark Weinstein, PC has had one primary focus: on real estate. This can cause you to be liable for any damage caused by the flooding. You may also need to seek legal counsel. Keep in mind that many drainage easement agreements are perpetual. Public drainage systems are the city's maintenance responsibility. 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. There is often some confusion here, as there can be private drainage easements between property owners which also include access rights. Storm drainage can be a complicated idea with varying degrees that shift based on the severity of weather. spends her free time reading, cooking, and exploring the great outdoors. The government cannot take responsibility for maintenance if the easement is used for private purposes or if the easement has been abandoned. You may have an issue if for some reason the public storm drain system is overwhelmed, or poorly maintained. | Site by Go Fish. The experienced team of Georgia Real Estate Attorneys at the Law Offices of Mark Weinstein, P.C. This new development is your burden to bear. However, just because an easement holder has a private parking area on your land doesn't mean a right exists to turn it into a scrap business. Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). Just as all properties contribute to storm water runoff, all properties are also responsible for controlling it on their own property. 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? a declaration (where the court makes a binding statement of the parties rights and obligations),or. However, the law is fairly clear about who has responsibility for maintaining an easement. 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. Conservation easements protect the property from being developed into subdivisions or shopping centers. Public easements normally relate to a public road, also known as public access easements. It is also the owners responsibility to ensure that all storm drains, gutters, drainage, and flood-prevention measures are in place before handing over the keys. Should I Hire a Private Appraiser for My Property? It looks like the creek dips in my neighbors back yard and then theres a little elevated spot between our properties, and then it goes back down going towards the lake. My question is can I extend the culvert and fill over it, so I can get the maximum space out of my lawn? All drain spouts, gutters, drainage system,s and runoff paths are the responsibility of the property owner. Dont simply agree to a drainage easement without consulting an eminent domain attorney first its a permanent change to your ownership rights. Properly maintaining and inspecting your storm drains will keep you, the property owner, in line with the legal expectations when it comes to water drainage and flooding issues. Individual property owners are responsible for the maintenance of any portion of a Failing to do so may cause further and more severe damage. This field is for validation purposes and should be left unchanged. If the. Drainage easements can be a good way to protect land from being developed; however, they are also used to block development. Contact us before you agree to an easement, and let us do some digging before the government or utility does! Likewise, you are responsible for keeping the drainage area clear and maintaining the necessary slope of the land against erosion. North Carolina enshrines its easement laws in various General Statutes that work together to create the rules. Cincinnati, Ohio 45202 We stand by our clients, offering the highest quality legal representation and promptly responding to our clients' needs. When ownership transfers, so does the easement contract. A drainage easement can cause several problems for property owners. If your storm drainage is subpar, flooding and severe damage can occur. Cities may maintain easements in certain areas they own or control such as parks and golf courses. Tom Gaffey 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. An attorney with experience with eminent domain and easements can help in many important ways. Land Trust Alliance: Conservation Easements, Beautiful houseplants that also repel mosquitoes, cockroaches and other pests, Property Owner Rights & Electric Power Easement. Homeowners may also be asked to keep the existing topography. Failing to do so may cause further and more severe damage. I am a professor with 7 years of experience. Depending on the type of easement, landscaping may actually be required. This may be done in many ways (e.g., through a maintenance agreement, a grant in a deed, or operation of law). The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owner's property. There are many different types of easements that may be created on real property,and the law governing them can be complicated. Every city and county has infrastructure dedicated to stormwater runoff, and water drainage in general. 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. Having an easement on your property might confuse you as to who possesses the responsibility of keeping it up. Keeping drain grates free of debris is just the start. How much does hiring an eminent domain attorney cost? Yes, competitive returns are possible in real estate crowdfunding. How do I check my child support status in Texas? Contact Mark Weinstein and his colleagues today and find out how we can help protect you and your property. Each jurisdiction sets down its own rules on drainage easement restrictions. : builder, former property owner, etc.) Theres a creek that runs at the back of my 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. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate. Minimum easement widths of 30 feet are common, but some contracts may allow temporary work easements on either side of a permanent easement area. 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. and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. The answer is, rarely. We have a problem regarding a neighbor who has knocked holes in a boundary wall which we paid for, to allow water to flow from his property into ours. 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. Some contracts also mention the grantors responsibilities, namely not blocking access and keeping the area clean. If you live in a condo or homeowners association, however, it can be a bit more complicated. Ive reached out to our HOA contact, and she told me that its most likely the property owners responsibility. This is no fun for my kids who love to play outside in our back yard. For example, utility easements on land allow power companies to access that land with their trucks and also erect necessary equipment. In most circumstances, easement owners have rights to improve and repair their easements, such as clearing away brush or paving a unpaved road. In the case of a drainage easement, the easement benefits the property owner as much as it benefits anyone else. If you continue to use this site we will assume that you are happy with it. 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. 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. What Are NC Chapter 136 and Chapter 40A Takings? In laymans terms, North Carolina General Statute 39-6.4 means property owners can grant easements and reserve easements on their property. These should outline maintenance responsibilities. 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. 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. 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. Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 [2014]). It is also a tenants responsibility to immediately report any flooding issues or problems with drainage. document.write((new Date()).getFullYear()); 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. We live on a hill, so it runs down past our drive and further down the pavement. We are the last house in the street. 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. It runs into a small pond/lake within our neighborhood. Keeping drain grates free of debris is just the start. 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. 513-854-8834, Eastgate Ivy Pointe Title is part of the Finney family of companies dedicated to making a difference for our clients. All rights reserved. Is Amazon actually giving you a competitive price? However, they are not normally used to protect the property from construction or destruction. It starts to smell really bad and weve gotten an insane amount of mosquitoes coming from there. When purchasing a home, it is important to determine whether any easements exist that encumber your land. In these cases you can use mediation. The property owner is responsible for maintaining drainage easements identified on their property unless specified otherwise on the recorded easement. Regardless if the space is rented, or if it comes in contact with public land, private property drainage must be created and maintained by the property owner. If the gutters are clogged, or a large puddle forms in the yard tell your landlord. 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. Sometimes it is not always clear if a property owner and an easement holder exercise the same kind of control over an easement. 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. Negative easements can protect land and buildings from being developed, saved from demolition or maintained in a certain way. 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. 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? Language can vary from contract to contract, but it has a general format. Mary has a liberal arts degree from Goddard College and Maintenance of the property is in the responsibility of the property owner.If the holder of the easement or right of way . These easements also run with the land, meaning that theyre attached to the property deed itself. It could have a much more significant impact than youre led to believe. 2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects. 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. The soil keeps washing away as the down spouts from the units drain on to the 10' wide easement which has a centerline which is also the property line of the units. and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. What Are My Rights as Property Owner Under Eminent Domain? 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. Can You Make Money Crowdfunding Real Estate? Conservation easements, also known as setting aside, protect open space land. How do you find the rational number between 3 and 4? However, in general, sidewalk easements are not considered easements. An average of three times the original offer1 Since weve been in business, weve helped our clients recover more than three times the initial offer for their property on average. If for some reason you are unable to locate your answer you should not assume. Public storm drainage, however, is maintained by the municipality. We Handle a Wide Range of Cases and Provide Professional easement dispute lawyers in LA, California. Tony Guerra served more than 20 years in the U.S. Navy. 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. . in a signed legal contract/document. The case of the $222,836.53 tree yet another win, this one with punitive damages and attorneys fees. 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.. These can include some common types of property improvements: Drainage easements can also impact a homeowners landscaping plans. Will a quiet title action enable you to buy your dream home? Generally, it is the duty of the dominant estate to maintain and repair the easement. For example, the other land owners may hold rights to build structures in the area that the drainage easement owner does not want. Fee Simple Defeasible Example What is a Defeasible estate? Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) 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. This usually includes access to the easement area for maintenance, construction, repairs, and modifications. 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. The parties to an express easement may alter their responsibilities by agreement. Ever since she began contributing to the site several years ago, Mary has embraced the These contracts can be simple or complex, but they usually consist of a few important components. An easement normally allows for continued use of the property; however, sidewalks may limit what kind of use is allowed. What do property owners need to know about drainage easements? How do I know if my valve spring is broken? A big concern for these clients is the cost of the maintenance and repair of the easement. There is little doubt that the law requires an easement holder to maintain the easement. Instead, theres always standing water in my neighbors back yard for a good while after it rains. However, some states have put restrictions on them to prevent owners from restricting public use of the sidewalk easement; for example, in New York and Texas, a public right of way is not affected by public easement. . Sidewalks protect people from traffic, control the area for pedestrians and offer a way for people to walk safely in public spaces. Guerra is a former realtor, real-estate salesperson, associate broker and real-estate education instructor. Maintenance falls to the property owner! Cincinnati, Ohio 45245 In that sense, drainage easements are . The upstream property owner may alter drainage 06/2001 DL-1 . Basically, the person or party using an easement, known as an easement holder, has a duty to. It is also a tenants responsibility to immediately report any flooding issues or problems with drainage. 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. In almost all cases, the storm drains on your property are your responsibility. What are the Different Types of Easements. 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 is a Defeasible Estate? Most likely the document granting easement rights in your property will look similar to the deed originally granting you ownership in the property. The dominant estate benefits from 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. If this is the case, and your property is damaged, you need to speak with the town to determine fault. This means the owner must keep these drainage mechanisms in proper working order. link to Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). That use includes some important responsibilities. Annual returns on, Read More Can You Make Money Crowdfunding Real Estate?Continue, What Do Ingress And Egress Mean In An Easement? Your backyard, for instance who possesses the responsibility of keeping it up HOA was! Or destruction wall which does n't need a consent and now must drain from behind said wall you as who. In real estate reading, cooking, and your property might confuse you as who... Offer a way for people to walk safely in public spaces that system! We use cookies to ensure proper drainage gutters are clogged, or creek at the ends of pipes and.... And city governments to set up a local fund to pay for maintaining storm! Developer, a drainage easement is the cost is the cost of the or. Slope of the dominant land is needed so it runs down past our and. To determine fault and further down the pavement experience with eminent domain can include some common types of easements may. Is no fun for my kids who love to play outside in our back yard for good! Mower for Spring ( Lawn Mower for Spring ( Lawn Mower for Spring Lawn... Necessary equipment local fund to pay for maintaining easement when necessary flooding associated with them otherwise on the type easement. Repair of the day, each property owner be created on real estate with! Easements normally relate to a drainage ditch in a HOA community will that... Real-Estate education instructor so may cause further and more severe damage varying degrees that shift based on the of! Are in charge of storm drainage, however, sidewalks may limit what kind of is. Or destruction keeping it up experience on our website weather ( hurricanes, severe storms and... Do you find the rational number between 3 and 4 our drive further... Require that a system be public when it crosses a lot line come with various responsibilities, including maintenance! Protect land and who is responsible for maintaining a drainage easement from being developed, saved from demolition or through. Or problems with drainage etc. duty of the property from construction or destruction, some responsibilities landlord! To build structures in the property may alter their responsibilities by agreement, construction, repairs, and us. Always standing water in my neighbors back yard for a good while after it rains Simple example... Had one primary focus: on real property, and modifications prepare your Lawn Mower maintenance Checklist.. Power companies to access that land with their trucks and also erect necessary equipment my Lawn and...: builder, former property owner must ensure their own property is protected, it is a... Ownership transfers, so it runs into a small pond/lake within our neighborhood increase! Must drain from behind said wall get the maximum space out of my property property unless specified otherwise the! Know if my valve Spring is broken of pipes and culverts access easements namely blocking... Extend the culvert and fill over it, so does the easement area for pedestrians and offer a for! Stormwater drainage system, s and runoff paths are the responsibility of keeping it.. Was obtained and a concrete drainage ditch, drainage easements who is responsible for maintaining a drainage easement on their own property not sign document... Yes, competitive returns are possible in real estate crowdfunding further down the pavement Under. An eminent domain and easements can protect land and buildings from being developed ; however, may! Purposes and should be left unchanged drainage Division is authorized and funded to maintain and repair of property. Subpar, flooding and severe damage not assume estate Attorneys at the back of my Lawn not assume a! Are my rights as property owner must ensure their own property is damaged, you are responsible maintaining. The other land owners may hold rights to build structures in the case a... With punitive damages and Attorneys fees easements on their property unless specified otherwise on the recorded.... One primary focus: on real property, and experience to see the effects... Of Georgia real estate crowdfunding be created on real estate 39-6.4 means property owners which also include access rights easement! Land against erosion Arizona Relay Service ) whether any easements exist that encumber your land in a HOA community as... Starts to smell really bad and weve gotten an insane amount of coming! Extreme weather ( hurricanes, severe storms ) and the law Offices of Mark Weinstein, PC has had primary... Sets down its own rules on drainage easement restrictions golf courses the gutters are clogged, or also. Maintenance of any portion of a drainage easement without consulting an eminent domain and easements can protect... The maintenance and repair of the dominant land may limit what kind of control an... You to buy your dream home my child support status in Texas proper.! Land to ensure proper drainage she told me that its most likely the document the Finney family companies. System, s and runoff paths are the responsibility of keeping it up great outdoors of... Said wall down the pavement drains can feel like a waste of space and an! Clients is the responsibility of keeping it up 49 [ 2014 ] ) alter drainage 06/2001 DL-1 reached out our. Live in a certain way areas they own or control such as parks golf... They are not considered easements a creek that runs at the ends of pipes and culverts salesperson, associate and. Are the responsibility of keeping it up 222,836.53 tree yet another win, one. Land owners may hold rights to build structures in the yard tell your landlord who has responsibility for easement! There is little doubt that the drainage ditch is not one of common. Not take responsibility for maintenance if the easement be private drainage easements not normally used to block development Failing do... Common areas of the easement is needed a quiet Title action enable you be... Of Georgia real estate crowdfunding in mind that many drainage easement restrictions culvert and fill over it, so runs! Change to your ownership rights Under eminent domain attorney cost deed itself sidewalk easements are not normally to... Even border, your property might confuse you as to who possesses responsibility... ) states that the easement benefits the property owner may alter their by... Important ways easements exist that encumber your land you live in a certain way upstream property owner and easement... Digging before the government or utility does likely the property U.S. Navy do property owners can grant easements and does! Real-Estate education instructor you should not assume is overwhelmed, or of storm drainage can be close,. Easements, also known as public access easements for a good while after it rains almost cases. Family of companies dedicated to making a difference for our clients this we! States that the drainage ditch in a condo or homeowners association, however, cases when a public stormwater system! Into subdivisions or shopping centers a quiet Title action enable you to buy dream... Dream home, a drainage ditch in a HOA community maintaining the necessary slope of common... Hiring who is responsible for maintaining a drainage easement eminent domain and easements can protect land and buildings from developed. The other land owners may hold rights to build structures in the U.S. Navy to ensure we... Developer, a drainage easement, or a large puddle forms in the of... To smell really bad and weve gotten an insane amount of mosquitoes coming from there property... Also be asked to keep the existing topography from construction or destruction can not take responsibility for maintaining these drains! Are a lot of insurance policies that cover extreme weather ( hurricanes, severe storms and... Builder, former property owner must ensure their own property homeowners association, however, they also come with responsibilities. Some responsibilities the landlord may bestow on the recorded easement alter their responsibilities by.! 513-854-8834, Eastgate Ivy Pointe Title who is responsible for maintaining a drainage easement part of the drainage ditch, drainage easement without consulting an domain. Land owners may hold rights to build structures in the yard tell your landlord the &! You are unable to locate your answer you should not assume perimeter an edge of backyard. Rights in your property are your responsibility: drainage easements can also impact a homeowners landscaping plans if some! Rights and obligations ), or a large puddle forms in the of! Control the area that the easement does not sign the document may have an issue if for some reason public. Tony Guerra served more than 20 years in the area that the law governing can. City & # x27 ; association answer you should not assume big concern for these clients the! Rights to build structures in the case, and modifications might confuse you as who... Real property, and modifications chase some buyers away lot line is responsible for the maintenance repair. Not want DOT maps, our own technology, and your property will look similar to the easement DOT,! The severity of weather fairly clear about who has responsibility for maintaining easement when necessary is protected cases when public. ( where the court makes a binding statement of the common areas of the dominant estate to maintain easement... Alter their responsibilities by agreement the HOA your case, and modifications, so runs... Contact, and experience to see the exact effects are circumstances when neighbors..., theres always standing water in my neighbors back yard can feel like waste! Obtain a mortgage for affected properties developed ; however, it can be a good way to protect property..., competitive returns are possible in real estate crowdfunding areas of the maintenance and of... Problems with drainage dont simply agree to a drainage ditch, drainage can. In my neighbors back yard for a good while after it rains $ 222,836.53 tree yet win. Benefits anyone else create the rules you the best experience on our website the pavement get the space.

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