Should The City Have a Drainage Easement on my Property?
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Summary
The City has recently developed upstream and the State has widened the road in front of my property and added drainage that runs through this ditch. Since flow has increased, should either entity have obtained an easement? |
“My property includes a drainage ditch that runs down one side. The City has recently developed upstream and the State has widened the road in front of my property and added drainage that runs through this ditch. There is no drainage easement. Since flow has increased, should either entity have obtained an easement?”
State laws can vary, but it is certainly possible that the new (extra) water being directed onto your property would be considered a trespass for which the uphill property owner is responsible. You should consult with a local real estate or land use attorney to see what rights, if any, you have in this situation.
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For more on this subject check out these categories: Easements, Property
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
