Question: Do Drainage Easements Affect Property Value?

Who owns a private drainage easement?

Easements grant a third party (“easement holder”) a non-possessory interest in your land.

Utility easements are maintained by utility companies for the benefit of other properties and restrict the owner’s use of the land in several ways, such as preventing the creation of permanent structures..

Who is liable for an accident on an easement?

In most cases, the easement rights holder, i.e., the party that directly benefits from the easement, is primarily liable for negligently creating a hazardous situation that may result in an accident. You may, however, also be liable to some extent if it’s argued on the rights facts.

Who maintains an ingress/egress easement?

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don’t become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

What happens to an easement when a property is sold?

If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.

Can a drainage easement be moved?

The Court adopted the approach on relocating an easement from the Restatement (Third) of Property: the landowner burdened with the easement may move it at its expense if the changes do not make the easement less usable, increase the burden of the easement owner or frustrate the purpose of the easement.

Can a property owner block an easement?

An easement provides certain rights and restrictions and owners of land with registered easements should understand their legal implications. … Owners are generally prohibited from building over or too close to an easement or must obtain approval from the authority who owns the easement to do so.

Is a drainage easement public property?

The easement on your property is for drainage purposes as the county described. It is not public access. Easements are very limited to their specific purposes. They are not all access/all purpose.

Who is responsible for rainwater drainage?

Sewers and lateral drains connected to the public network used to be the responsibility of the property owner. However, most are now maintained by local water companies. If you have any problems with your sewer or lateral drain, for example if it’s blocked, contact your local water company.

Who maintains easement property?

If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to “adequately maintain” the easement at no cost to the servient estate owner (the easement grantor).

Is a drainage easement bad?

Insurance. Homeowner insurance premiums on your new house might increase as a result of a drainage easement on the land title. Prior drainage damage at your potential home also makes it difficult to find a company to insure your home from future damage.

What is a drainage easement on a property?

A drainage easement is a legal right to use a parcel of land for a specific purpose. In this case, orderly flow of water. … Oftentimes, drainage easements contain multiple structures and cross several property lines.

Can you fence in a drainage easement?

For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited. Other easements may prevent the owner from building an addition onto their home, planting gardens or trees, or adding a pool or hot tub.