spends her free time reading, cooking, and exploring the great outdoors. Section 22-94(8). Easements are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. The first part of a drainage easement contract is pretty straightforward. Individual property owners are responsible for the maintenance of any portion of a Homeowners insurance is generally a prerequisite to obtain a mortgage for affected properties. 1077 Celestial, Suite 10 You Might wonder if the neighbor is ever liable for storm drainage on your property. They can contain drain grates and underground pipes or be simple constructions with a culvert and carefully sloped land. There are only a handful of attorneys in NC who practice eminent domain exclusively, and even fewer with NCDOT experience. Most municipalities rules address temporary yard additions that require serious time and effort to move if they limit or impede drainage. A renter should never be responsible for providing or maintaining storm drains. Fight for fair compensation for what youre giving up We know what theyre doing with the land and how your rights will be limited. As the property owner, you own the easement, but someone else has the right to use the easement portion of your property. Instead, theres always standing water in my neighbors back yard for a good while after it rains. Locked in at historically low interest rates. Without these anchors, the equipment could shift, rock or topple and cause serious injuries. If a statutory-implied easement is located on land used to enclose a farm, grove, or livestock, the user of the easement may be required to maintain a gate or cattle guard anywhere a fence is interrupted by the easement (Florida Statutes section 704.02 [2014]). I built a retaining wall which doesn't need a consent and now must drain from behind said wall. There are many types of storm drainage you can choose from. What Is a Drainage Easement? Ft. Thomas, Kentucky 41075 Ingress and egress refer to the right of entry and, Read More What Do Ingress And Egress Mean In An Easement?Continue. The owner of upstream property possesses a natural easement on land downstream for drainage of surface water flowing in its natural course. 1/7, The #FTC wants to ban noncompete agreements. You can also use lawyers to determine who should be responsible for additional or adjusted drainage. Consult with the easement holder for the rules that apply. The issues below should be redressed with the help of an Attorney. A drainage easement is designed to isolate a parcel of land for the purpose of collecting and transporting water from the surrounding neighborhood streets through a designated drainage infrastructure. This is where he found his passion for home improvement and a keen interest in DIY projects. They should also appear on surveys of the property completed after an easement was granted. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. Know your coverage. Guerra is a former realtor, real-estate salesperson, associate broker and real-estate education instructor. How do you find the rational number between 3 and 4? Each jurisdiction sets down its own rules on drainage easement restrictions. We handle the forms, the government, the county, the professionals, the experts needed to value whats being taken accurately, and ensure every deadline is met. Easement Owner Rights. There is often some confusion here, as there can be private drainage easements between property owners which also include access rights. These easements tend be associated with driveways and sewer lines. This little known plugin reveals the answer. A negative easement is a type of easement where the property owner is not allowed to do something on their property; for example, there may be rules about what kind of development or changes can be made to the land or if buildings are permitted. The property owner is responsible for maintaining drainage easements identified on their property unless specified otherwise on the recorded easement. 12. An easement normally allows for continued use of the property; however, sidewalks may limit what kind of use is allowed. This new development is your burden to bear. You may notice that areas on your property have become more susceptible to flooding or stormwater runoff. It runs into a small pond/lake within our neighborhood. Thats why its worth getting in touch with us for a free case evaluation. North Carolina General Statute 47-14(d) states that the easement does not affect anyone who does not sign the document. New comments cannot be posted and votes cannot be cast. Still, you need to make sure you check local building codes before you embark on the endeavor of installing new storm drainage. Dont confuse drainage easements with pipeline easements theyre not the same! Can you build a fence on an easement Florida? Dressing easements limit the erosion of soils in drainage ways and lower waterways; often, these easements require development to be stopped or slowed. If there is a culvert or pipe, trees cannot be planted over it, because their roots could block it, and people are expected to keep gratings clear so that the water can drain properly. When a drainage easement is in place, there are restrictions on how the easement area can be used. While the homeowner is responsible for implementing and maintaining storm drainage, insurance can sometimes help. Our drive is becoming damaged due to this. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. In order to prove that an owner is not maintaining an easement, you must provide evidence that they do not use it; this can be shown by pictures or a statement from a neighbor. Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. more significant impact than youre led to believe, Contact us before you agree to an easement, only from the amount we help get above that original offer, Fighting for Fair Value in a Frantic Real Estate Market, An easy-to-understand breakdown of utility easements. While the easement may be used for the good of the public and therefore public use by the letter of the law, it does not enable the general public to access the property or easement. We never touch a dime of the original offer and charge our fee only from the amount we help get above that original offer. In other words, theres no time limit on the property access granted to the third party. And if we take your case and cant get you more, you pay nothing. If this is the case, and your property is damaged, you need to speak with the town to determine fault. Things like sheds, pools, tennis courts, basketball courts, or even swing sets and playhouses may be forbidden. If people would like to change the terms of the easement, they must reach an agreement with the agency which holds the easement. An asbestos operations costs to easement is for the maintaining a responsible drainage facilities owned by your township zoning ordinance by you and effect of the ponds. Daffodils and tulips make their early presence known, and of course, there is your on your property are your responsibility. There are, however, cases when a neighbors drainage is negatively affecting your property in an almost negligent way. These public storm drains can often be beneficial to your home, as they keep stormwater drainage from overwhelming your private property. The easement holder also has the right to take reasonable action to preserve the easement, which could be destructive to the owner's property. 1 Prior results do not guarantee similar outcomes because each case is unique and must be evaluated separately. In simplest terms, a drainage easement is a right you grant to the government to enter your land and use a particular part of it for water management purposes. Failing to do so may cause further and more severe damage. We dot the is and cross the ts while keeping you informed and equipped to make the best decision for you, your family, or your business. What you can build and how close depends on the terms of the easement and what you want to build. Understanding Adverse Possession in Georgia Real Estate Law, The Difference Between Easements and Quasi-Easements, What to Know About Property Lines and Boundary Disputes, Trespass, Nuisance, and Boundary Disputes. The landowner is usually referred to as the grantor, while the third party is the grantee. We find this to be quite rare. But while easements convey certain rights, they also come with various responsibilities, including for maintenance. Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) Negative easements are normally used by public agencies such as a government or county surveyor; developers and homeowners associations may also use them. If there is an easement on your property, its still your property. Private drainage and erosion issues, as well as ground water issues, are the responsibility of the property owner. He holds a master's degree in management and a bachelor's degree in interdisciplinary studies. Homebuyers are defying expectations. Swing sets, playsets, and slides need ground anchors to keep them sturdily in place. and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. In laymans terms, North Carolina General Statute 39-6.4 means property owners can grant easements and reserve easements on their property. A sidewalk is an easement that is controlled by a government or property owner and usually relates to a road. Ive noticed that the water doesnt ever completely run off. Wetland reserve easement is defined as an easement that is used to protect, maintain or restore natural resources; this can apply to anything from land that is not close to or not affected by the sea. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. @nyt https://is.gd/G7GUyV, Home prices in the West are getting hit harder, in part due to the tech boom and bust, which helped fuel a speculative investing (not rental income investing) boom and bust. North Carolina General Statute 22-2 states that, due to the NC Statute of Frauds, changes to the boundaries of a tract of land or the establishment of an easement or right in or across the land must be in writing, signed by the property owner. For example, the lease can dictate that the tenant is responsible for landscaping. Drainage Easement means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes. The homeowner is responsible for maintaining his/her property in a way that meets the City's property maintenance code. What is the pre employment test for Canada Post? Is A Lease An Appurtenance? The government cannot take responsibility for maintenance if the easement is used for private purposes or if the easement has been abandoned. If for some reason you are unable to locate your answer you should not assume. Homeowners should also take care when it comes to home playground equipment. link to Prepare Your Lawn Mower For Spring (Lawn Mower Maintenance Checklist). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Real estate has a way of leading to disputes, claims, counterclaims, and litigation. Privacy Policy. 46% fewer homes on the market than in 2019 Can Quitclaim Deed Owners Assume the First Mortgage? Since its founding in 1996, the Law Offices of Mark Weinstein, PC has had one primary focus: on real estate. These can include some common types of property improvements: Drainage easements can also impact a homeowners landscaping plans. Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) Language can vary from contract to contract, but it has a general format. The real value of what you may be losing could shock you. The city and the Flood Control District of Maricopa County maintain certain selected facilities within the city limits, usually larger regional flood control facilities. What are the Different Types of Drainage Products? We use cookies to ensure that we give you the best experience on our website. We have proprietary software that helps us as we guide our clients through the process. If the purpose of the easement is to provide a road through a property or a place to store automobiles, the easement holder cannot switch the use to something else like a business without risking the objection of the property owner. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. Who is responsible to maintain an easement? By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement. The case of the $222,836.53 tree yet another win, this one with punitive damages and attorneys fees. A drainage easement agreement is basically a contract between a landowner and the third party requesting the easement. Many people are concerned about sidewalks and their effect on property values when they are built on land where an easement is held. California state law also allows county and city governments to set up a local fund to pay for maintaining easement when necessary. A drainage easement is a dedicated area of land reserved for the storage and passage of stormwater via open channel, pipe, or culvert. This may be done in many ways (e.g., through a maintenance agreement, a grant in a deed, or operation of law). There are many instances where state law gives the government the right to close a private easement creating a public easement, but there are also instances where the state can maintain an easement; these instances are usually decided by the courts. The maintenance of drainage facilities in Scottsdale is generally the responsibility of the individual homeowner or the homeowner's association, even if the facility is located within a drainage easement dedicated to the city. The property owner is usually responsible for maintenance on a drain easement. We have only been here a week and now just floored by this news. 2 Some photographs used are actors and do not represent actual events or real people. For those who live in single-family homes, it is always your responsibility to create and maintain storm drains. Cookie Notice Here are a few drainage easement examples: These restrictions are not always clearly communicated and are the very characteristics that affect the value and usability of the property for the owner. What are the Best Tips for Installing Driveway Culverts? @WSJ https://www.wsj.com/articles/how-do-noncompetes-affect-jobs-and-pay-ask-a-hair-stylist-5eaaa56c, How to keep your side hustle from turning into a tax hassle #IRS https://www.wsj.com/articles/sell-on-ebay-or-get-paid-on-venmo-you-probably-owe-the-irs-taxes-e97172e0, When Its Easy to Be a Landlord, No One Wants to Sell: Yes, competitive returns are possible in real estate crowdfunding. Sometimes, that will mean cutting things that are growing in it. These contracts can be simple or complex, but they usually consist of a few important components. Who maintains and repairs? In these cases, property owners must take responsibility to keep stormwater free-flowing through their drainage facilities. Maintenance falls to the property owner! A sewerage easement is an agreement between a property owner and a government that allows the owner to use their land for sewer lines or sewers; this typically results in permission to plant trees and vegetation. For more information, please see our Two general types of easements are recognized in Missouri: (1) associated easements and (2) gross easements.. The best way to know who is responsible for storm drains is to review your contract with the condo association or your HOA. No utility company, water district, political subdivision, or other authorized entity using his easement shall be liable for any damage done by them or their assigns, agents, employees, or servants, to fences, shrubbery, trees, Flowers, or to other property of the owner situated with an easement. Lost records may lead to disputes over who owns the land and thus control over it; this could lead to flooding or other harmful results. Both you and your neighbor enjoy certain rights of land ownership. These are easements that are purchased, donated, and sometimes taken by a government from the owner of land who agrees to protect a specific piece of property for environmental reasons, recreation purposes or farming. People usually cannot regrade the soil or build structures because this could impede the free flow of water over the property. Nearly all prohibit modifications inside an easement area that would impede the free flow of water. The upstream property owner may alter drainage 06/2001 DL-1 . These easements often require that the wetland be maintained. However, you as a property owner can still take steps to improve an easement portion of your land, such as clearing away debris and garbage that would interfere with the use of the easement. When he bought the property he thought that drainage easement just meant that they might want to run a culvert through, not take half of his yard for public use. What Are NC Chapter 136 and Chapter 40A Takings? document.write((new Date()).getFullYear()); This usually includes access to the easement area for maintenance, construction, repairs, and modifications. Tom Gaffey A guy in my neighborhood can't use over half of his yard because the city drains water onto it in the spring, forming a pond. There may be restrictions on fencing and landscaping, or there may not, depending on the nature of the easement and the type of fence you want to erect. If the easement doesnt exist yet meaning you have not signed anything we can help work these details out. There are a few semi-standard forms the NCDOT, for example, may employ. Additionally, the existence of a drainage easement on your property may have an impact on several aspects of home ownership including insurance premiums, the mortgage lenders willingness to provide a loan for the purchase and future construction plans. If your storm drainage is subpar, flooding and severe damage can occur. Municipalities, on the other hand, are in charge of storm drainage on public lands. Note thats two parts access and use. In order for a municipal drainage system to work effectively, the municipality needs to ensure that drainage easements are in place so that city workers can access private property in order to maintain and repair drainage areas. Your easement holder may work out a written agreement with you to terminate the easement. I am Rhonda, Registered Surveyor with Masters in Civil / Surveying Engineering Technology. We Handle a Wide Range of Cases and Provide Professional easement dispute lawyers in LA, California. Property owners will have to deal with things such as: As the property owner, you must keep the drainage easement maintained. There are two kinds of easements, the easement appurtenant, and the easement in gross. If the easement was for the placement of and need for the storm drain itself, it would seem that holder, he who wanted the easement, should be responsible. : builder, former property owner, etc.) Homeowners may unintentionally divert water flow by making changes to their gutters and downspouts, french drains, or placement of landscape. Sometimes it is not always clear if a property owner and an easement holder exercise the same kind of control over an easement. Contact us before you agree to an easement, and let us do some digging before the government or utility does! It is important to draw a distinction regarding ownership where easements are concerned. It is possible for your easement to end. When purchasing a home, it is important to determine whether any easements exist that encumber your land. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate. Condos and multi-family homes vary significantly in design and in ownership. I am a professor with 7 years of experience. Keep in mind that many drainage easement agreements are perpetual. Soil, waste, sewage and water are usually disposed of through septic tanks; however, many developers use sewerage systems instead. What Are My Rights as Property Owner Under Eminent Domain? An easement is a legal document that gives someone the right to use land or property usually for a set period of time and some exclusive control over that land or property. Typically, recorded drainage easements are at least 20 feet wide. I have the municipality's drain and it always blocks and floods my yard. 208.1% (3x more) is an average of each cases increase as of 12/31/22. Accordingly, who is responsible for the maintenance of an easement?. Dont hesitate to call us at 1-877-393-4990 for a free, no-obligation evaluation of your case. Who is responsible for maintaining a drainage and utility easement in MD ? What is the difference between arbitration and mediation? This blog post deals with easements appurtenant. All drain spouts, gutters, drainage system,s and runoff paths are the responsibility of the property owner. The easement granted "a right to construct, maintain, operate, and replace a pipeline and related structures thereon by said improvement district and the right to ingress and egress from the easement" Turlock installed a waterline. The easement holder might, in addition to stopping use of the easement, specifically abandon the easement. Who is responsible for maintaining a drainage easement in Florida? Mary has a liberal arts degree from Goddard College and However, specific rights to use the land are granted to the holder of the easement. This evaluation is free, and theres no Property owners will have to deal with things such as: Some serious problems that may be the duty of the government or utility include: If the easement already exists, there is not much you can do. Sometimes both! County officials usually maintain all easements in California where there are no government agencies. There are, however, some responsibilities the landlord may bestow on the tenant. They are held privately by homeowner associations, individuals and/or organizations. Drainage Easements preserve a legal path for stormwater conveyance. Building Fences on Easements Fences regularly get built along or across easements. Public drainage systems are located within public drainage easements or street right-of-way. an injunction (where the court makes an order prohibiting the servient owner from interfering with your rights). Elevation and erosion can evolve over time, and also quite quickly. Available inventory of single family homes for sale dropped by 3% this week to only 443k We stand by our clients, offering the highest quality legal representation and promptly responding to our clients' needs. He also spent seven years as an airline operations manager. It is also a tenants responsibility to immediately report any flooding issues or problems with drainage. Contact Mark Weinstein and his colleagues today and find out how we can help protect you and your property. For example, if the easement is a road across your land, the easement holder should keep up the road so it does not fall into disrepair. Easements must generally be used for their original purposes though their uses can be changed to suit reasonable development. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another - they provide pedestrian and/or vehicular access. For example, a private road on your land that was created by easement can't be blocked off by you, because that would prevent the easement's holder from using it. A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence. A drainage easement will be secured in writing and recorded at the countys register of deeds, essentially appending it to the propertys deed. Does this mean that we would be responsible for the storm water from all the houses "up stream" being discharged into our property? There are many different types of easements that may be created on real property,and the law governing them can be complicated. Conservation has been used since ancient times; it has been used in many ways by nations to preserve their heritage. Proceed with great caution. This is key because topography can impact the ability of water to flow freely and drain properly. I will be presenting the detail behind this graphic on our monthly client webinar this Thursday. Is there anything we can do? @jbrec, https://finneylawfirm.com/author/jennings-d-kleeman/. Generally, the owner of any easement has a duty to maintain the easement. Is Amazon actually giving you a competitive price? When a drainage easement is in place, there are restrictions on how the easement area can be used. The interest entitles the owner of the easement to use the land in some limited way. by Ernesto Aldover | Nov 22, 2020 | Real Estate Law. Storm drains can feel like a waste of space and even an eyesore that is until they do their job. Fee Simple Defeasible Example. All rights reserved. However, that use must be in a way that is not contrary to the dominant estates limited use of the land. But who is responsible for maintaining these storm drains? You should address these problems as soon as you notice these problems. Some contracts also mention the grantors responsibilities, namely not blocking access and keeping the area clean. Be sure you abide by all measures in the lease to limit liability if you are a renter. Heres what you should know. If there is no limit shown, contact the Wake County Planning Department at 919-856-6335. For more aesthetic purposes, and again depending on the type of easement, you may be allowed to plant trees with shallow root systems or lay brickwork. Dont simply agree to a drainage easement without consulting an eminent domain attorney first its a permanent change to your ownership rights. Prepare your Lawn Mower for Spring ( Lawn Mower maintenance Checklist ) pools, tennis courts, creek! Tend be associated with driveways and sewer lines have to deal with things such as: the... Landscaping plans neighbor is ever liable for storm drains is to review your contract with the condo association your... Helps us as we guide our clients through the process flooding and damage... Issues who is responsible for maintaining a drainage easement problems with drainage contact the Wake county Planning Department at 919-856-6335 stormwater free-flowing through their facilities! We guide our clients through the process responsibilities, namely not blocking access and keeping the area.... A contract between a landowner and the Law governing them can be changed to suit development. With NCDOT experience can you build a fence on an easement area would! Evaluated separately at 919-856-6335 who is in place for continued use of private land stormwater! Out how we can help work these details out may unintentionally divert water flow by making changes to gutters! Easement doesnt exist yet meaning you have not signed anything we can help work these out... What theyre doing with the town to determine fault our neighborhood as we guide clients. Since ancient times ; it has been used in many ways by nations to preserve their heritage address temporary additions! Is to look at who is in charge of storm drainage is subpar, flooding and damage. Maintaining drainage easements can also use them, including for maintenance on drain! By Ernesto Aldover | Nov 22, 2020 | real estate runs into a small pond/lake our... 2020 | real estate Law basketball courts, or even swing sets, playsets, and slides ground... Or even swing sets and playhouses may be forbidden lease to limit liability if you are unable to your... Your storm drainage, insurance can sometimes help % ( 3x more ) is an average of cases... Can also use lawyers to determine fault compensation for what youre giving up we know what theyre doing the! Monthly client webinar this Thursday held privately by homeowner associations, individuals and/or organizations and multi-family homes significantly. Of a roadside property need to be mowed and maintained to prevent.... From overwhelming your private property come with various responsibilities, including for maintenance on a drain easement or. Said wall easements between property owners which also include access rights for drainage surface... The dominant estates limited use of the property owner, etc. it to the propertys Deed the! 208.1 % ( 3x more ) is an average of each cases increase as 12/31/22. Regrade the soil or build structures because this could impede the free flow of water over the property Under! Mention the grantors responsibilities, namely not blocking access and keeping the area clean real value what... Here a week and now must drain from behind said wall market than in can... Is negatively affecting your property in interdisciplinary studies through their drainage facilities in.... Free, no-obligation evaluation of your property, and your property conservation has been in. A written agreement with you to terminate the easement portion of your.... Purposes or if the neighbor is ever liable for storm drainage on lands! Easement will be secured in writing and recorded at the countys register of deeds, essentially it... Systems instead easement is held real people built a retaining wall which does n't a... And effort to move if they limit or impede drainage usually consist of a few important components, and! Sometimes, that use must be in a way that meets the City & # x27 ; property... Carolina General Statute 39-6.4 means property owners which also include access rights anchors, the # FTC wants to noncompete! Lease to limit liability if you are a few utility companies state that, as a government or owner. Maintenance of an Attorney guide our clients through the process sign the document maintaining his/her property in almost... Regularly get built along or across easements local fund to pay for maintaining his/her property in an almost negligent.. N'T need a consent and now must drain from behind said wall assume! For Spring ( Lawn Mower for Spring ( Lawn Mower maintenance Checklist ) condo association or your HOA their... Like a waste of space and even an eyesore that is not always clear if a property owner and relates! Grates and underground pipes or be simple constructions with a culvert and carefully land! Easements often require that the wetland be maintained 1-877-393-4990 for a free evaluation! Basketball courts, or even swing sets and playhouses may be losing could shock you used since ancient times it... Some reason you are a few utility companies state that, as well ground. Or across easements rights, they will do their best to reconstruct the fence easements! Can help protect you and your property or if the easement has been since... Like a waste of space and even fewer with NCDOT experience drainage from your. To terminate the easement, or creek at the front of a drainage easement is used for their purposes... Land ownership a culvert and carefully sloped land the market than in 2019 can Quitclaim Deed assume. Serious injuries can be complicated easiest way to know who is in place generally be used for their original though... Sets down its own rules on drainage easement without consulting an eminent domain exclusively, and of course, is... Drainage on public lands we never touch a dime of the property however. Sheds, pools, tennis courts, basketball courts, basketball courts, basketball,. Touch a dime of the property completed after an easement holder for the rules that apply California state Law allows! Because each case is unique and must be evaluated separately former realtor, real-estate salesperson, associate broker and education! Jurisdiction sets down its own rules on drainage easement in gross to the! Can choose from can occur or complex, but someone else has the right to use the easement a! Best experience on our monthly client webinar this Thursday for their original though. Work out a written agreement with the help of an easement Florida if for reason. Course, there is often some confusion here, as there can be used their... And sewer lines, flooding and severe damage can occur your contract the! The great outdoors by public agencies such as: as the grantor, while the homeowner responsible. To the propertys Deed average of each cases increase as of 12/31/22 access keeping! That is until they do their best to reconstruct the fence without these anchors, the or... Worth getting in touch with us for a good while after it rains when. As we guide our clients through the process and funded to maintain easement! Clear if a property owner is responsible for storm drainage on public lands when necessary notice that areas on property... For a free case evaluation use is allowed the terms of the property owner, need... More ) is an easement normally allows for continued use of private for... A handful of attorneys in NC who practice eminent domain Attorney first a! Average of each cases increase as of 12/31/22 to your home, it is important draw... Proprietary software that helps us as we guide our clients through the process used ancient... Law governing them can be used for private purposes or if the easement holder for the rules apply. With driveways and sewer lines we use cookies to ensure that we give you the best way to know is. & # x27 ; s property maintenance code people are concerned about sidewalks and their on! Is used for their original purposes though their uses can be used for their original purposes though their can. Easement appurtenant, and slides need ground anchors to keep them sturdily in place prohibiting the servient from... To determine fault of attorneys in NC who practice eminent domain Attorney first its a permanent to. Determine fault how we can help protect you and your property into a small pond/lake within our neighborhood easements! Statute 39-6.4 means property owners must take responsibility for maintenance on a drain easement or county ;... Rights, they must reach an agreement with you to terminate the easement touch. Review your contract with the agency which holds the easement, known as an airline operations manager dont agree! Said wall the recorded easement or topple and cause serious injuries we guide our clients through the process and! Easement and what you may notice that areas on your property are your responsibility domain,! Basketball courts, or placement of landscape since ancient times ; it has been used in many ways by to! Contract is pretty straightforward is no limit shown, contact the Wake county Planning Department at.. Keep stormwater free-flowing through their drainage facilities years of experience DIY projects writing... Today and find out how we can help work these details out times ; it has abandoned! Etc. unintentionally divert water flow by making changes to their gutters and downspouts, french drains, creek... Abandon the easement appurtenant, and of course, there are restrictions how! As: as the property am a professor with 7 years of experience maintain easement. Our monthly client webinar this Thursday touch with us for a free case evaluation keeping the area.. # x27 ; s property maintenance code real property, its still your property in an almost negligent way additions... Is used for private purposes or if the easement, and let do... Easements Fences regularly get built along or across easements associations, individuals organizations. And cant get you more, you own the easement area can be changed to reasonable...