Should The City Have a Drainage Easement on my Property?

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“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?”

[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.]

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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Author: House Attorney

A house attorney has answered this question.