o provide coverage to a property with drainage issues. Utility easement. Drainage Easement Definition: 131 Samples | Law Insider A drainage easement agreement is basically a contract between a landowner and the third party requesting the easement. But its worse seeing everything youve built go to waste because of flooding on your property. You may have to purchase additional flood hazard insurance to secure your property. A property easement grants someone else the limited right to use your land for a specific purpose. Nearly all prohibit modifications inside an easement area that would impede the free flow of water. Also, it is useful to note that, in Colorado, the governmental immunity statute, C.R.S. Use of our products and services are governed by our Terms of Use and Privacy Policy. Government authorities are also permitted to make reasonable modifications to maintain the drainage area. You didn't mention how you know about the easement, including whether it is in writing or understood orally, but if it is a valid and enforceable easement, you will be able to get rid of it only with your neighbor's consent. The downside here is that this will take time, and you also want to have a nice driveway for yourself. Are You Serious About Your Case? For example, you may decide to allow your neighbor to use your property to access the lake that's only behind your house. Are You Buying or Selling a Home in an HOA? this will bring. often have easements for the purpose of installing and maintaining their utility lines and structures. Anything, from a house addition down to fences, shrubs, and children's playsets might need . So chances are they will either deny you homeowners insurance. We are not a law firm and do not provide legal advice. Utility easements are often a problem because if you want to build something such as an in-ground swimming pool on your own land, you might be unable to do so if there are pipes and cables in the way. On one hand, theyll help keep your property safe from flooding. Utility easements are one of the 3 most common types of easements. So, while it may create friction in the short term, its always a good idea to push back when someone encroaches on your property. Because homeowners insurance is a pre-requisite for securing it. Bringing a lawsuit to contest the easement. Call Your Texas Eminent Domain Lawyer For A FREE Case Review And Know What Your Case Is Worth. (emphasis added). There are greater chances of you demanding a payout because of a flooding issue. The content is not legal advice. It is important to note that a physical alteration to a drainage area may not cause water to back up except during flood conditions, and thus the impairment may go unnoticed for years. The company name, Guaranteed Rate, should not suggest to a consumer that Guaranteed Rate provides an interest rate guaranteed prior to an interest lock. PDF DRAINAGE EASEMENT EXPLANATION - bluelaketx.org We are the last house in the street. I am planning to install a pool in my backyard. This includes the right to build and maintain ditches, pipes, or other drainage systems necessary for surface water or groundwater drainage. Disclaimer. In some situations, courts may deem it essential that third parties access your land. Lets get you can get the compensation youre entitled to, call for your FREE Case Review today. How do I allocate costs of repaving a driveway between my two neighbors with easements to use it? And I'm especially uncomfortable with the idea that she might sell the place and I'd have to allow access to someone I don't even know. It is the latter two types of drainage easements that give rise to most disputes. This type of easement comes into effect when one party has used the others property for a particular purpose over an extended period of time with or without permission. Find out what you are responsible for maintaining and what contractors need to know before altering your property. It doesnt matter if the new route is inconvenient once its available for use, the easement by necessity is void. In addition, conferring a drainage easement can contribute to advancing the water quality within the region by minimizing runoff and pollutants that could infiltrate the water supply. While it is possible to construct a new driveway on her property, our lots are located on a rocky hill, so constructing a new driveway will be expensive. Right of Way Easements. Easement | Property Easements for Utilities, Drainage, Sidewalk, Driveway You wont get the price you deserve if you plan to sell or mortgage the property someday. Stormwater Directive. Everyone knows that water flows downhill, but what are the legal ramifications when the flow is obstructed and property damage results? A landowner cannot unilaterally terminate an easement. It is unlikely that a court would impose any responsibility on the HOA. Talk to a real estate attorney to go over your specific circumstances and figure out when other parties are allowed to use your property, what accommodations you have to make and what recourse you may have to end those easements. In other words, they attach themselves to the property regardless of who owns it. The property behind mine has a 20' drainage easement which runs along my property line. The biggest difference with an easement in gross compared with other types of easements is that there is no dominant estate involved. To check for an easement on the property, you can take the following steps: If there's an easement on the property, it's usually listed on your deed. Its hard to convince insurance companies to provide coverage to a property with drainage issues. often have easements for the purpose of installing and maintaining their utility lines and structures. A real estate attorney can help you review the easement and determine the extent of the risk you will assume if you build the addition over the easement. But I've noticed that people use the easement as a shortcut to the common area. Doing so will help eliminate future disputes over what you and your neighbor agreed to. Legal advice on Drainage law in Florida - Page 1 - Avvo Is there anything we can do? So, property owners dont have to worry about taking care of it. . As a rule of thumb, drainage easements may only slightly affect a property if the water is diverted to a nearby body of water, or if the area that collects drainage is relatively small. A drainage easement shall one legal right to use a parcel in land for a specific purpose. Types of Easements & Takings - NC Eminent Domain Law Firm It takes years potentially decades, even for prescriptive easements to come into play. In exchange for allowing the municipality to access the property, the property owner gets to enjoy a property which drains freely, and knows that neighbors are also obliged to maintain their drainage easements to ensure that water intrusion will not occur along the property line. 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. There are a number of factors you must carefully evaluate to determine fair compensation for a drainage easement: Are You Serious About Your Case? Granting a drainage easement can aid in safeguarding the land against water damage, such as flooding, which may result in expensive reparations. Heres What You Need to Know! The good news is, though, that utility easements by and large dont impact the day-to-day usage of private property. In Romano v. Village of Glenview, 660 N.E.2d 56 (Ill. App. 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. Nolo.com Chat Now 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. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements. The law governing the rights and obligations of the landowners is well-developed, but the wide range of property configurations and varying drainage patterns can still make assessment of the legal relationships challenging. Types of Easements Easements can come in many shapes and forms. Dead End Easements Generally found on the side of a property, these easements allow for public access to areas beyond the property. Maybe there isn't a conflict after all. Please note that applications, legal disclosures, documents or other material related to Guaranteed Rate products or services promoted on this page are offered in English only. That means no fences, sheds, walls, trails or buildings. We live on a hill, so it runs down past our drive and further down the pavement. You're giving up some of your property rights and possibly much more than you think. If they don't come to this solution on their own, your first step should be to try to negotiate this arrangement with them. My question is can I extend the culvert and fill over it, so I can get the maximum space out of my lawn? Thus, even if the downstream drainage blockage is created by a governmental entity, it could still be required to remove the blockage and even found liable for damages. Drainage easements can be a mixed bag for property owners. Heres how a drainage easement can affect your property value: It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. So, if the government laid down a new roadway that connected with your neighbors property, he would no longer be able to use your property for that purpose. In some instances, though technically not an easement, the downstream property may have a right to require that the drainage from the upstream property be regulated such that the downstream flow will not be destructive. Here are answers to some of the common questions. If you are part of a homeowners association (HOA), fences, overhanging decks and sheds could all violate your by-laws. If the property has a drainage field with a drain to divert the water to a nearby body of water, the impact on the propertys value will not be as severe as if the drainage runs into a flat portion of the property or if it accumulates near a building where damage to the property may occur. Check with the county clerk or county land records office to find out whether the prior deed shows an 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. 3940 N. Ravenswood Chicago, IL 60613 However, if you've given your neighbor access to an area of your property for a specific purpose, and it's not in the deed, this type of easement is an "easement in gross." They generally require the property owner to give up certain rights, such as building permanent structures (additions, decks, certain types of fences, etc.) What Is a Drainage Easement? - MyLawQuestions That is, they permit specific individuals to use land adjoining their own property. An accord concerning the dispensation of water is referred to as a drainage easement. Cant talk right now? I live in a deed restricted community and there is a drainage easement on the edge of my property. Call now for a FREE Case Review.