Drainage Easement And Fence

Category:

Real Estate - Easements and Rights of Way

State:

New Jersey

Control #:

NJ-EAS-2

Format:

Instant download

Description

The Deed of Easement for Drainage is a legal document that facilitates the transfer of ownership of a drainage easement from a property owner, referred to as the Grantor, to a governmental entity, referred to as the Grantee, specifically the County of New Jersey. The document includes essential information such as the identities of the Grantor and Grantee, descriptions of the property involved, and the purpose of the easement, which is to allow for the discharge and conveyance of surface and storm water. It highlights that the transfer is made without any monetary consideration and establishes that the Grantor has not encumbered the property. The document requires the Grantor's signature, acknowledgement by a witness, and notarization to ensure legal validity. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to formalize drainage easements as part of property transactions or regulatory compliance. It aids in clarifying property rights related to drainage, thereby preventing potential disputes over land use and promoting clear communication between parties involved in property transactions.

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FAQ

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. § 170.118 EXEMPTIONS. Any property owner required by Fla.

Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes "substantial" or "material" interference.

It is always best to contact the owner of the easement in regards to granting permission for installing a fence. In many cases, permission is granted. Certain requirements may need to be met along with certain forms or legal documents. However, in most situations just meeting the specified requirements is good enough.

A drainage easement is a part of your property where the City has limited rights of access and/or use. Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.