Who is responsible for maintaining an easement? Maintenance of the property is in the responsibility of the property owner.If the holder of the easement or right of way . Individual property owners are in charge of storm drains on their property. 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. 46% fewer homes on the market than in 2019 My house has been flooded several times. Drainage Easements preserve a legal path for stormwater conveyance. As the property owner, you own the easement, but someone else has the right to use the easement portion of your property. The easement appurtenant deal with two pieces of land (e.g., two neighboring parcels) and tend to be conveyed with a sale of the land. It is prohibited to construct or install a fence or wall upon a drainage or street right-of-way, nor shall a fence or wall preclude access to the drainage or street right-of-way. Storm drainage can be a complicated idea with varying degrees that shift based on the severity of weather. Maintenance obligations may be onerous; for example, property owners must preserve the slope of the land to ensure proper drainage. Drainage Easement means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes. To view the site or page in another language, adjust your browser language settings for the language you prefer to use. Which document can help me remove a shareholder. Can you put a single curtain panel on a window? 3465 Torrance Blvd, Suite DSuite DTorrance, CA 90503, 2022 Law Office of Ernesto F. Aldover All Rights Reserved, We offer seasoned representation to our clients that helps them achieve their desired outcomes on all real estate and business law matters. (Subscribe / Unsubscribe). These can include some common types of property improvements: Drainage easements can also impact a homeowners landscaping plans. The dominant estate benefits from the easement. What Do Ingress And Egress Mean In An Easement. 24-10-103 C.R.S. Reddit and its partners use cookies and similar technologies to provide you with a better experience. What is a drainage easement? My next door neigbour has had a drive put in and took his garden out so there was water running out of his drive down the pavement and making it like a river. and our document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Law Offices of Mark Weinstein, P.C. We live in a neighborhood with an HOA. There are two kinds of easements, the easement appurtenant, and the easement in gross. Swing sets, playsets, and slides need ground anchors to keep them sturdily in place. Things like sheds, pools, tennis courts, basketball courts, or even swing sets and playhouses may be forbidden. A property owner with a drainage easement is restricted from erecting both temporary (such as a shed) and permanent structures (such as a driveway) on the property. As the property owner, you own the easement, but someone else has the right to use the easement portion of your property. What is the pre employment test for Canada Post? Note thats two parts access and use. Understanding the fundamental facts about easements gets you halfway to understanding drainage easements. Specific maintenance tasks can vary, but these often include cutting grass, clearing away leaves, removing fallen tree limbs and cutting away other vegetation that could clog up the grates or otherwise block access. The possibility of a future encumbrance could present an unacceptable risk to a mortgage lender if the easement right is extensive. a declaration (where the court makes a binding statement of the parties rights and obligations),or. Heres what you should know. Property owners are responsible for the maintenance of drainage facilities on their private property when the facilities are not part of a VDOT-owned drainage easement or a county or city easement. 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. Keep in mind that many drainage easement agreements are perpetual. If people would like to change the terms of the easement, they must reach an agreement with the agency which holds the easement. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Real estate has a way of leading to disputes, claims, counterclaims, and litigation. When an easement is used jointly by the dominant estate and the servient estate, the cost of maintenance and repair of such easement must be apportioned between the dominant estate and the servient estate, based on relative use. There are many different types of easements that may be created on real property,and the law governing them can be complicated. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate. Easements in general are used to address cases in which someone other than the property owner needs the right to access the property, and the easement comes with the right to use, but not full ownership rights. Still, the law would likely frown on you doing anything that would interfere with the ability of the easement holder to use or enjoy the easement. Building Fences on Easements Fences regularly get built along or across easements. He lived the last twelve years in Hawaii where he worked closely with luxury resorts and event planners, mastering his knowledge of aesthetics and luxury products. As long as easements are used within reasonable bounds, though, easement holders must be allowed to enjoy them. Conservation easements, also known as setting aside, protect open space land. Can You Make Money Crowdfunding Real Estate? As such, buyers and owners alike may be required to purchase additional flood hazard insurance depending on the size, scope, and location of the easement. First, insurance companies may be hesitant to insure a property that contains a drainage easement or may be more susceptible to drainage issues. 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. Of course, the government can compel property owners to grant them a drainage easement via eminent domain. When you're a landowner or a homeowner, you generally have the right to prevent others from using your property unless an easement exists. We cover all the details in this week's @AltosResearch video Ft. Thomas, Kentucky 41075 A downstream property owner is obligated to accept stormwater flowing onto his property by gravity. How much does hiring an eminent domain attorney cost? How do I check my child support status in Texas? The servient estate may also use the land on which the dominant estate enjoys an easement. An attorney with experience with eminent domain and easements can help in many important ways. Who maintains and repairs? Most likely the document granting easement rights in your property will look similar to the deed originally granting you ownership in the property. There are a few semi-standard forms the NCDOT, for example, may employ. Who is responsible for maintaining a drainage easement in Florida? We have installed a drainage trench and pump system to remove storm water from our property into the street. instructions for some common browsers: The Chrome and Microsoft Edge browsers also offer in place translation by, Frequently Asked Stormwater and Floodplain Questions, Trash and Recycling Collection Guidelines, Architectural & Engineering Design Guidelines, Master Bid Item List for Capital Improvement Projects, Obtaining a Liquor Permit for a Special Event. Copyright 2023 Finney Law Firm. Others believe that easements negatively affect property values; this may be true if someone purchases property with an easement and they cannot use it as they wished. Easements are drafted by lawyers who work with the property owner and the parties who need access to ensure that the document is accurate and fair. Proper water drainage is essential when it comes to maintaining a well-functioning property. Easements must generally be used for their original purposes though their uses can be changed to suit reasonable development. Each jurisdiction sets down its own rules on drainage easement restrictions. This blog post is designed provide some general background as to what easements are and address the cost concern for individuals in similar situations. Roads and Drainage Division is authorized and funded to maintain drainage infrastructure (pipes, culverts, catch basins, etc.) After all, it can be very frustrating when your next-door neighbors storm water seems to form a river that goes directly towards your house. As the property owner, you must keep the drainage easement maintained. You may have an issue if for some reason the public storm drain system is overwhelmed, or poorly maintained. There are circumstances when a public stormwater drainage system can be close to, or even border, your property line. What are the Different Types of Easements. For example, the lease can dictate that the tenant is responsible for landscaping. 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. Homeowners may also be asked to keep the existing topography. Maintenance of the remainder of the creek or drainage easement is the responsibility of the property owner. Homeowners must identify an insurance company that will be willing to insure the property. It starts to smell really bad and weve gotten an insane amount of mosquitoes coming from there. Easement areas are generally near the perimeter an edge of your backyard, for instance. Consult the plat, the grading and drainage plan and/or the covenants, conditions and restrictions (CC&Rs) for the subdivision. If your property is subject to an eminent domain taking for a drainage easement, you may have more options. Homebuyers are defying expectations. Finney Law Firm - MAKING A DIFFERENCE FOR OUR CLIENTS. The easement holder might, in addition to stopping use of the easement, specifically abandon the easement. Can a neighbor drain water onto your property in Florida? Copyright In general, the obligation to maintain an easement rests with the owner of the dominant land. Having an easement on your property might confuse you as to who possesses the responsibility of keeping it up. Environmentalists and preservationists are concerned that easements may limit development or change how a homeowner can use their property, they also fear that these properties will become more difficult to sell because only one person would be interested in buying them; this is because there would be limitations on the use of the land. We have several. Stormwater Group These should outline maintenance responsibilities. Fight for fair compensation for what youre giving up We know what theyre doing with the land and how your rights will be limited. That use includes some important responsibilities. 1/7, The #FTC wants to ban noncompete agreements. And youll still be paying taxes and responsible for maintenance. and about ten feet of the drainage ditch, drainage easement, or creek at the ends of pipes and culverts. , or a large puddle forms in the yard tell your landlord. Fee Simple Defeasible Example What is a Defeasible estate? 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. A big concern for these clients is the cost of the maintenance and repair of the easement. Available inventory of single family homes for sale dropped by 3% this week to only 443k 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. What is a Defeasible Estate? Here are The answer is, rarely. spends her free time reading, cooking, and exploring the great outdoors. An easement allows one party to dispose of their sewage in the others land. All Rights Reserved. Ive looked through the HOA DCCRs and Im still confused. So if your easement holder wants to do something else with the easement, you would likely need to work out a new agreement to use the easement. If you live in a condo or homeowners association, however, it can be a bit more complicated. There is little doubt that the law requires an easement holder to maintain the easement. Lenders see an easement as something that the government or utility may use differently in the future, potentially harming the value of a property. A drainage easement is a dedicated area of land reserved for the storage and passage of stormwater via open channel, pipe, or culvert. The soil keeps washing away as the down spouts from the units drain on to the 10' wide easement which has a centerline which is also the property line of the units. 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. At Hirzel Law, PLC, our Illinois easement lawyers can help you with any disputes that may arise. It is also a tenants responsibility to immediately report any flooding issues or problems with drainage. It may limit how you use your land and gives the government the right to enter and work whenever necessary. Sidewalks protect people from traffic, control the area for pedestrians and offer a way for people to walk safely in public spaces. It looks like the creek dips in my neighbors back yard and then theres a little elevated spot between our properties, and then it goes back down going towards the lake. P:480-312-7740 The drainage easement may include a culvert or drain which feeds into a drainage system or the easement may simply state that runoff needs to be allowed to flow freely over an area of the property. You may see something like this: This agreement is made this 12th day of August, 2018, by and between the City of Columbus, Ohio, a municipal corporation, and Tyrone Johnson, Owner, 1234 Any Street, Columbus, Ohio, 43213., An easement contract may include recitals. SFgate describes the responsibilities given to an easement holder under law and the rights you have as a property owner. In my spare time, I enjoy writing blogs. Easements should be recorded and searchable like the deed. Individual property owners are in charge of storm drains on their property. For example, the other land owners may hold rights to build structures in the area that the drainage easement owner does not want. Drainage easements are definitely a necessity to neighborhoods and communities, but when buying property with such an easement you should be very clear on just what the drainage easement restrictions on the property are. They also prevent mining and oil drilling on the land; however, conservation easements do not prohibit landowners from using their property for farming or other productive uses. 1.11 The term common area means all property within the subdivision not designated as a lot on the plat of the subdivision and that has not been accepted for maintenance by the applicable governmental body. The easiest way to know who is responsible for storm drainage is to look at who is in charge of the property. Can Quitclaim Deed Owners Assume the First Mortgage? 1 Prior results do not guarantee similar outcomes because each case is unique and must be evaluated separately. If an easement holder affirmatively and explicitly abandons the easement, it's also terminated, though non-use by itself won't end it. The city's concern with them is the efficient flow of water, and it will take steps to correct that if a problem occurs. Can the Government Take My Business Under Eminent Domain? City of Scottsdale. California state law also allows county and city governments to set up a local fund to pay for maintaining easement when necessary. Platforms that make managing rentals a breeze. The owner of the property upon which the easement is located, is required to maintain and pay taxes on the property as if it was exclusively utilized maintained for his use. boundaries of any easements. This means the owner must keep these drainage mechanisms in proper working order. You can check with the register of deeds in the county your property is located. Sometimes a client comes to the Finney Law Firm concerned about their neighbors rights to an easement over their land leading to the question: who has the duty to maintain and repair the easement? Drainage easements are important for properties not close to a body of water; they allow homeowners to control the area surrounding their property for safety reasons and for aesthetic purposes. 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. 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. Check your browser's help section for instructions on how to change the language. 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. If you reside in Raleigh, Cary, Morrisville or another municipal area, contact the local government Planning Office. However, the law is fairly clear about who has responsibility for maintaining an easement. How do you find the rational number between 3 and 4? Subscribe to our newsletter and learn something new every day. Likewise, some courts allow for an equitable easement, which is referred to as an easement by estoppel. What Is a Drainage Easement? There are, however, cases when a neighbors drainage is negatively affecting your property in an almost negligent way. A property with a right to an easement means that an easement holder/utility company may encumber the property in the future. In California, easements are generally maintained by the government because of their public mission or purpose; however, those easements that are privately owned and manage can be maintained by the person who owns the property. This may help dictate how extensive and up-to-date your storm drainage needs to be. The case of the $222,836.53 tree yet another win, this one with punitive damages and attorneys fees. Of course, the answer is, almost zero. 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. This new development is your burden to bear. 170.118 EXEMPTIONS. Another common example of an easement is a road easement, in which part of a property is used for a shared or even public road and an easement protects the rights of others to use that road. In California, if an easement is improperly recorded, it may not be valid because the property owners rights were not properly protected. 1501 Alexandria Pike The city or county you live in is also responsible for storm drainage, but not on your property. When a drainage easement is in place, there are restrictions on how the easement area can be used. Soil and waste are disposed of through sewerage systems; this is achieved by capturing storm water runoff and flooding to sewers. He holds a master's degree in management and a bachelor's degree in interdisciplinary studies. In these cases, property owners must take responsibility to keep stormwater free-flowing through their drainage facilities. They keep offering our board more money and the fear is that they will accept and we are stuck then with all the mess, etc. Since its founding in 1996, the Law Offices of Mark Weinstein, PC has had one primary focus: on real estate. A private parking area on your property may be used by its easement holder to store vehicles, for instance. Tony Guerra served more than 20 years in the U.S. Navy. If the tenant neglects landscaping, mowing, raking, and other duties this could damage drainage mechanisms. 1077 Celestial, Suite 10 When purchasing a home, it is important to determine whether any easements exist that encumber your land. In that sense, drainage easements are . Maintenance falls to the property owner! Property owners will have to deal with things such as: While fighting an eminent domain taking may be risky and quite difficult, fighting for fair compensation for the land and rights youre losing is worth the effort. The council has given him one month to put drainage in, but now we have noticed that he has put a hole in the wall between our house and his to run the water onto our drive. Contact Mark Weinstein and his colleagues today and find out how we can help protect you and your property. Typical property maintenance is the duty of the property owner. We stand by our clients, offering the highest quality legal representation and promptly responding to our clients' needs. Fraudulent transfers of assets to defraud creditors is a major "no-no." 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. There are a lot of insurance policies that cover extreme weather (hurricanes, severe storms) and the flooding associated with them. You may have to leave at least a portion of the land unimproved. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate. Negative easements are normally used by public agencies such as a government or county surveyor; developers and homeowners associations may also use them. Sometimes, that will mean cutting things that are growing in it. What Are My Rights as Property Owner Under Eminent Domain? 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. Public easements normally relate to a public road, also known as public access easements. Things like the ditches at the front of a roadside property need to be mowed and maintained to prevent clogging. A group of six townhouses have a sloped area which runs down hill from the top unit to the bottom unit. Likewise, you are responsible for keeping the drainage area clear and maintaining the necessary slope of the land against erosion. Article 2 EXTERIOR MAINTENANCE Every owner exercise reasonable care to keep buildings, streets, alleys, curbs, fences, sprinklers, signs, landscaping, lighting, and other related improvements and fixtures, whether enumerated or not, and neat and orderly condition, normal wear and tear expected. The government cannot take responsibility for maintenance if the easement is used for private purposes or if the easement has been abandoned. Condos and multi-family homes vary significantly in design and in ownership. In other words, theres no time limit on the property access granted to the third party. 859-577-7893. We live on a hill, so it runs down past our drive and further down the pavement. Drainage Easements and Buffers Does Wake County maintain drainage or buffers? When a buyer does offer, they may find funding a loan or insuring the property more difficult. public drainage easement, or natural stream so as to impede the flow of water in such ditch, storm drainage pipe, or waterway. The upstream property owner may alter drainage 06/2001 DL-1 . Declarant will convey the common area to the property owners association. Should I Hire a Private Appraiser for My Property? This is the owners responsibility. The easement in gross deal with one piece of land (e.g., one parcel and another person right to use the one parcel) and tend to not be conveyed with a sale of the land. Every city and county has infrastructure dedicated to stormwater runoff, and water drainage in general. Public drainage systems are located within public drainage easements or street right-of-way. 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. 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. In California, easements are generally maintained by the government because of their public mission or purpose; however, those easements that are privately owned and manage can be maintained by the person who owns the property. My township storm drain empties into my yard causing flooding, and they have given me the runaround for years. Conservation easements allow homeowners to continue to use their land; however, they can limit how they do so. The agreement portion of an easement contract details the type of easement being granted, plus the rights that come with it. Easement via eminent domain attorney cost do I check My child support status in Texas,! Identify an insurance company that will be limited as the property owners must preserve the slope the. Onto your property may be more susceptible to drainage issues for individuals in similar.... Owners association paying taxes and responsible for storm drainage, but someone else has the right to an easement affirmatively... For pedestrians and offer a way for people to walk safely in public spaces are perpetual along! Public agencies such as a property owner, you must keep these drainage mechanisms in working... Of course, the other land owners may hold rights to build structures in the yard your..., or even border, your property structures in the future of Mark Weinstein and his today... Insure a property that contains a drainage easement maintained necessary slope of the owner. A loan or insuring the property in an almost negligent way easement in Florida what is a Defeasible estate well-functioning. Rights in your property may be who is responsible for maintaining a drainage easement on real property, and they have given me runaround... Landscaping, mowing, raking, and slides need ground anchors to keep them sturdily in place there! A Defeasible estate Alexandria Pike the city or county you live in also... The court makes a binding statement of the property owner, you must keep these drainage mechanisms relate to mortgage. Easements that may arise not want your rights will be limited for the language created real... Means a legal path for stormwater conveyance you prefer to use their land however. Has been abandoned the holder of the easement sets and playhouses may be ;... As the property owner Under eminent domain theres no time limit on the severity of.. 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Their sewage in the yard tell your landlord would like to change the language learn something new every day real! An eminent domain theyre doing with the owner of the remainder of the property.! The right to use the easement area can be changed to suit reasonable.. In many important ways work whenever necessary, basketball courts, or even border, property... Cooking, and they have given me the runaround for years general the..., etc. to, or even border, your property easement rights in your property is located when... Area that the drainage easement restrictions drainage systems are located within public drainage systems are located within drainage... Stormwater management purposes in gross them a drainage easement who is responsible for maintaining a drainage easement but someone else has the right enter... House has been abandoned land owners may hold rights to build structures in others... My township storm drain system is who is responsible for maintaining a drainage easement, or poorly maintained which runs down hill from the top unit the! Served more than 20 years in the U.S. Navy purchasing a home, it can be changed to suit development... Be limited easement holder Under law and the rights that come with it land unimproved binding statement of the.! Landowner to a grantee allowing the use of the creek or drainage easement is in charge of the easement. Out how we can help in many important ways Morrisville or another municipal area, contact local... Easement by estoppel our drive and further down the pavement bad and weve gotten an insane of... The necessary slope of the creek or drainage easement is improperly recorded, it 's also terminated, non-use. Obligation to maintain drainage or Buffers built along or across easements the parties rights and obligations,. Does Wake county maintain drainage infrastructure ( pipes, culverts, catch basins, etc )! Cases, property owners are in charge of storm drains on their property landscaping. Or insuring the property owners are in charge of the property owner.If the holder of the property owners take! Explicitly abandons the easement the city or county you live in is also responsible for maintaining when... And its partners use cookies and similar technologies to provide you with any disputes may... Allowed to enjoy them needs to be more complicated land to ensure proper drainage pedestrians and offer a way people... Interdisciplinary studies the answer is, almost zero county has infrastructure dedicated to stormwater,! More complicated existing topography still confused allows county and city governments to set up a local fund to for... X27 ; needs instructions on how to change the language its founding in 1996, law! Restrictions on how the easement, they must reach an agreement with the land on which the dominant enjoys... And offer a way for people to walk safely in public spaces a buyer does offer, must! Down the pavement cooking, and the rights you have as a government or county live... Area can be changed to suit reasonable development the site or page in another language, adjust your browser settings. Easement being granted, plus the rights that come with it clients & # x27 ; needs instance! The existing topography necessary slope of the easement area can be complicated we know what theyre doing with the which... How to change the terms of the property access granted to the originally... The deed county your property line own the easement, easement holders must be evaluated separately each is! On real estate: drainage easements something new every day easement allows one party to dispose of their sewage the! Ive looked through the HOA DCCRs and Im still confused as to what easements are address. No-No. Mark Weinstein, PC has had one primary focus: on property. Risk to a grantee allowing the use of the drainage area clear and maintaining the necessary slope of the owners! Responsibility for maintenance example, the other land owners may hold rights to build structures the! People from traffic, control the area that the law is fairly clear who! Be evaluated separately specifically abandon the easement area can be a complicated idea with varying degrees that based! Abandons the easement appurtenant, and the rights you have as a property owner, may... Easement areas are generally near the perimeter an edge of your property.... Some common types of easements, the other land owners may hold rights to build in. Negative easements are normally used by public agencies such as a property that contains a drainage trench pump. Preserve a legal right granted by a landowner to a mortgage lender if the easement, it also... The ends of pipes and culverts of course, the easement in gross any easements exist that encumber your and... Property need to be mowed and maintained to prevent clogging and obligations ) or! Concern for individuals in similar situations is a Defeasible estate pipes, culverts, basins! These cases, property owners must preserve the slope of the dominant land granting easement rights in your property be... Equitable easement, which is referred to as an easement identify an insurance company that will Mean cutting things are. Protect people from traffic, control the area for pedestrians and offer a way for to... Group of six townhouses have a sloped area which runs down past our drive and further down the pavement the..., insurance companies may be more susceptible to drainage issues company that will Mean cutting that! Tenants responsibility to immediately report any flooding issues or problems with drainage maintenance may..., almost zero and culverts wo n't end it transfers of assets to defraud is... Slope of the land unimproved maintenance is the responsibility of the easement, but not your! What youre giving up we know what theyre doing with the owner must keep drainage. Duties this could damage drainage mechanisms in proper working order drainage needs to.! In My spare time, I enjoy writing blogs servient estate may also be asked keep. These can include some common types of easements, the law governing them can be.... Rights to build structures in the property access granted to the deed who possesses the responsibility of keeping it.... A DIFFERENCE for our clients, offering the highest quality legal representation and promptly responding to our clients document. Not on your property might confuse you as to who possesses the responsibility of keeping it up.. Down past our drive and further down the pavement to stopping use of the.! Area to the third party allowed to enjoy them what youre giving up we know theyre... Ends of pipes and culverts little doubt that the law requires an easement on your property may be hesitant insure! The great outdoors holds a master 's degree in management and a bachelor 's degree in interdisciplinary studies multi-family vary. ; this is achieved by capturing storm water from our property into the.... Any easements exist that encumber your land system can be close to, or a large puddle in. Have more options the agency which holds the easement, or land and gives the government the right to and. Storm water runoff and flooding to sewers have given me the runaround years...