Drainage Easement In Backyard

State:
New Jersey
Control #:
NJ-EAS-2
Format:
Word; 
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Description

An absolute and exclusive easement, in perpetuity, for discharge onto and conveyance of surface and storm water.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.

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 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.

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.

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.

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More info

Outdoor Clotheslines . Question: I have a storm drain easement running through my property and I would like to build over it.An easement allows other people the right to use your land for specific purposes, including drainage. A drainage easement has its own set of restrictions. Unlike a utility easement, improper care of a drainage easement can cause damage to properties. A drainage easement may affect a property's value. A homeowner should avoid interfering with the city's easement rights. In some areas, entire neighborhoods were designed with sewer systems placed in backyards rather than in the street.

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Drainage Easement In Backyard