What are the Drainage Requirements for Private Roads?

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The gas company just put in a new road leading back into the woods next to the trailer park where we live. Since they did this,  all of the lots next to the road (8 of them) are all flooded constantly for weeks when it rains. Is that legal? I personally own two lots and they are always so wet that they’ve become useless, so we stay in the house or up on the deck where it’s dry. Shouldn’t they have had to build some kind of drainage or something in the road to prevent this?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It sounds like the road is a private road, which means that the city, county, or state did not build it for public access. However, city, county, or state regulations probably still apply to how the road is designed, particularly in the case of drainage issues. The company either owns the land or has an easement to build the road, but neither situation allows the company to damage the surrounding property. If the lots are all separately owned, you all can individually or collectively approach the gas company for a resolution to the situation. You can also contact the planning or engineering department of whatever government authority applies to your area and inform them of the issue directly. If there’s a violation of regulations, they’ll work with the gas company to resolve them.

If the problem persists, you may consider pursuing the gas company for damages to your property due to the flooding. You can also pursue the gas company for public and/or private nuisance. These are options that a property attorney can go over with you.


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What are the drainage requirements for private roads?
Article Name
What are the drainage requirements for private roads?
Description
A company built a new road and all the lots next to the road flood constantly. Is that legal? Shouldn't they have had to build some kind of drainage or something in the road to prevent this?

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Author: Attorney Alicia