Water Drainage Easement On Your Property

State:
Virginia
Control #:
VA-EAS-3
Format:
Word; 
Rich Text
Instant download

Description

An easement and right of way for the purpose of installing, constructing, operating, maintaining, adding to or altering and replacing present or future water mains, including fire hydrants, valves, meters, building service connections and other appurtenant facilities, for the transmission and distribution of water, through, upon and across the property.


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

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 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.

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.

A drainage easement is a right, held by Sydney Water or another land owner, to make use of the land for certain specific drainage purposes such as controlling stormwater runoff and can restrict the use of the burdened property and impose certain obligations on the land owner.

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.

Interesting Questions

More info

As with most utility easements, storm drainage easements are permanent and run with the land (i.e. , survive any sale of the property).A permanent drainage easement gives the government the right to alter and maintain your land in order to facilitate drainage of the project. A drainage easement is an area that has been conveyed to a municipality for water runoff drainage, flood control, or access to a storm sewer. The right to have water drain from one property onto another is in the nature of an easement. An easement is when you grant someone the right to use your property for a specific purpose. Question: I have a storm drain easement running through my property and I would like to build over it. 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 permanent drainage easement is a recorded, legal document.

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Water Drainage Easement On Your Property