I have a small, shallow stream running through low ground on my lot, from the road to almost the rear where it turns to cross the adjacent property line. On the development plat, there is a municipal stormwater easement depicted at the front of my property straddling the stream that runs parallel to the road that allows the city to access a pipe that takes the stream under the road. One corner of that municipal stormwater drainage easement line on the plat crosses the parcel boundary to the lot next door. So the easement is explicitly for the city to take care of and maintain a water pipe that is on my land and for me to not make improvements but otherwise it is my land, the easement line just crosses the property boundary a little to the neighbor's lot but he doesnt have the pipe. We also have a dotted line on our property that says "Approximate Drainage Yard Line," with an annotation that the proposed house to be built above 300 feet. That dotted drainage yard line is large and covers almost half my property and then crosses the stream and goes over onto the adjacent parcel where the plat also states a minimum elevation for construction. The country stormwater easement has language that is very specific. The drainage yard line language is captured in the notes of the development plat and doesnt even say easement or those words Drainage Yard Line like the plat says. It just says no construction allowed in drainage areas such that it will interfere with the natural flow of water. My question is does the fact that these two lines cross the property boundary (the municipal stormwater easement and the drainage yard line) give access to my property for the adjacent landowner? No language states that anywhere and that parcel is plenty large enough to drain water and the stream on my property is a perfect place for any run off to go. Nor is the pipe on my land. The new neighbors act like the fact that the easement and drainage yard cross the property line gives him full right of access to my lot in the stream area. I asked the land records clerk at the courthouse for copies of all easements that affect my property and the only ones found were the ones on my plat for utilities and the stormwater easement. And the title insurance Part B lists them all as well and includes the stormwater easement and drainage yard line but doesnt mention any specifics, only mentions any restrictions or rights of way. Should I assume the drainage yard is for the neighbor to come into my yard inside that area? Or just a common water drainage feature of the terrain with associated land use restriction on each parcel.
This kind of stuff should absolutely be disclosed by the realtor. Full disclosure, we had our property survayed recently and the lines that were done follow non of the pre-existing lines! My property is on a hill side and my thoughts are that the guy doing the new lines had no care for elevation change or deviation of his GPS device!
The cable company has a line hanging across the middle of my property to my neighbor's house. Do I have to cut down the trees that have grown up in the very center of my property?
Generally speaking, the answer would depend upon the scope of the easement rights, and how the agreement has been worded. We encourage you to seek legal counsel in your state to analyze your particular situation.
As a License Land Surveyor, this is the best information I have gotten about Easement, whoa.
I have a small, shallow stream running through low ground on my lot, from the road to almost the rear where it turns to cross the adjacent property line. On the development plat, there is a municipal stormwater easement depicted at the front of my property straddling the stream that runs parallel to the road that allows the city to access a pipe that takes the stream under the road. One corner of that municipal stormwater drainage easement line on the plat crosses the parcel boundary to the lot next door. So the easement is explicitly for the city to take care of and maintain a water pipe that is on my land and for me to not make improvements but otherwise it is my land, the easement line just crosses the property boundary a little to the neighbor's lot but he doesnt have the pipe. We also have a dotted line on our property that says "Approximate Drainage Yard Line," with an annotation that the proposed house to be built above 300 feet. That dotted drainage yard line is large and covers almost half my property and then crosses the stream and goes over onto the adjacent parcel where the plat also states a minimum elevation for construction. The country stormwater easement has language that is very specific. The drainage yard line language is captured in the notes of the development plat and doesnt even say easement or those words Drainage Yard Line like the plat says. It just says no construction allowed in drainage areas such that it will interfere with the natural flow of water.
My question is does the fact that these two lines cross the property boundary (the municipal stormwater easement and the drainage yard line) give access to my property for the adjacent landowner? No language states that anywhere and that parcel is plenty large enough to drain water and the stream on my property is a perfect place for any run off to go. Nor is the pipe on my land. The new neighbors act like the fact that the easement and drainage yard cross the property line gives him full right of access to my lot in the stream area. I asked the land records clerk at the courthouse for copies of all easements that affect my property and the only ones found were the ones on my plat for utilities and the stormwater easement. And the title insurance Part B lists them all as well and includes the stormwater easement and drainage yard line but doesnt mention any specifics, only mentions any restrictions or rights of way. Should I assume the drainage yard is for the neighbor to come into my yard inside that area? Or just a common water drainage feature of the terrain with associated land use restriction on each parcel.
Wish I learned this in school. Thank you
This kind of stuff should absolutely be disclosed by the realtor. Full disclosure, we had our property survayed recently and the lines that were done follow non of the pre-existing lines! My property is on a hill side and my thoughts are that the guy doing the new lines had no care for elevation change or deviation of his GPS device!
The cable company has a line hanging across the middle of my property to my neighbor's house. Do I have to cut down the trees that have grown up in the very center of my property?
Generally speaking, the answer would depend upon the scope of the easement rights, and how the agreement has been worded. We encourage you to seek legal counsel in your state to analyze your particular situation.
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