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What Is a Drainage Easement?

Easements address the problem of individuals who need access to property that they do not own. Purposes for an easement may vary and provide the categories of easement. One such type of easement is a drainage easement.

A drainage easement is a type of easement that allows access to a certain piece of property for the expressed purpose of maintaining drainage. This kind of easement is usually attached to the deed and title of the property since this carries over any transfer of ownership. The access is given to an independent, third-party in order for such a party to maintain drainage in the area. Such parties usually involve a municipality.

A drainage easement does not just include access to the property, but may also involve the placement of a drain that links to a main drainage system or a more ambiguous statement may infer this by allowing a runoff to flow without impediment across the property.

If a drainage easement is placed upon a private property, the maintenance of such an easement is the responsibility of the party that requested for the easement, which is usually the local government unit. Thus, if a drain or culvert that has been installed within the area of private property, it is the responsibility of the municipality to repair any damage or replace it whenever necessary. However, the owners of the property also have the responsibility of preventing any actions that may damage the easement. This includes preventing any attempt to regrade the soil or build any type of structure that may impede the runoff flow.

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