Should The City Have a Drainage Easement on my Property?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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?”

Question: 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.