What Is A Drainage And Utility Easement?
What Is A Drainage And Utility Easement?
A drainage and utility easement is an area of land that is set aside for the purpose of allowing access to public utilities, such as water, sewer, gas and electricity.
It grants utility providers the right to come onto the property to repair or replace equipment, lay new lines or pipes, dig trenches, or build poles.
These easements are often included in deeds when a homeowner buys a property and can be used by all utility providers even if they haven’t been explicitly mentioned in the deed.
They also protect homeowners from having to pay for any repairs caused by construction on their own property by giving precedence to the utility provider’s work over other projects.
Can You Build Next To A Drainage Easement?
In most cases, you are not allowed to build within a drainage easement as it is a public right-of-way that belongs to the local authority, who may require access at any time for maintenance and upkeep.
If there is a structure that exists next to a drainage easement, the owner must ensure there are no obtrusions or obstructions that would impede the flow of water and/or interfere with its purpose.
In some circumstances where permission is granted by the local authority, limited structures may be built near a drainage easement but they must be reviewed first before any construction can begin.
Can You Put Fence Around Drainage Easement?
Drainage easements strongly discourage fences and sometimes prohibit them as they can obstruct the natural flow of surface water.
Be vigilant for unintended saplings or debris/trash build-up that can cause blockages and alter the flow, leading to flooding.
What Are The Restrictions On Drainage Easement?
A drainage easement is a legally binding document that grants permission to use another person’s land as a way to facilitate drainage.
There are some restrictions placed on using a drainage easement, including following all applicable local, state, and federal laws; properly disposing of any waste water; not obstructing or diverting the flow of water outside of the easement area; not damaging existing structures without prior approval from the property owner; maintaining the existing grade and contour of the land within the easement area; and avoiding activities that could potentially cause environmental damage.
What Are The Elements Of Drainage Easement Contract?
A drainage easement agreement is a legal contract between a landowner (referred to as the grantor) and a third party (the grantee) who requests the easement.
These agreements can vary in complexity, but typically include the title of the agreement, preamble with the names of the parties and the property address, and the agreement itself that outlines the type of easement being granted and the rights and responsibilities of both parties.
The agreement section may also specify that the easement is perpetual and “runs with the land,” meaning it is attached to the property and transfers to new owners. A recital section, which is optional, may explain the reason for the easement.
