A Michigan Drainage Easement is a legally established right-of-way granted to permit water flow or drainage across a property. It is designed to facilitate the natural flow of water from one place to another and prevent flooding or water damage. In Michigan, there are different types of drainage easements that serve various purposes: 1. Public Drainage Easement: This type of easement is usually obtained by a local governing body, such as a county or township, to establish and maintain a drainage system for public benefit. These easements often include ditches, culverts, and underground pipes that collect and direct stormwater runoff. 2. Private Drainage Easement: A private drainage easement is typically granted to adjacent property owners to allow the natural flow of water across their land. This ensures that excess water from one property can freely discharge onto another property without causing damage or flooding. Private drainage easements may be established through agreements between property owners or mandated by local ordinances. 3. Erosion Control Easement: This type of easement focuses on preventing soil erosion caused by water runoff. It may be implemented along riverbanks, shorelines, or other areas prone to erosion. Erosion control easements often involve the installation of measures such as rip rap, retaining walls, or vegetation to stabilize the soil and redirect water flow. 4. Wetland or Water Conservation Easement: These easements are established to protect and preserve wetlands or bodies of water, such as rivers, lakes, or ponds. The purpose is to maintain their ecological integrity and prevent unauthorized changes that could harm the water resources and associated habitats. 5. Subsurface Drainage Easement: This type of easement deals with below-ground drainage systems, including tile lines, pipes, or other structures installed to remove excess water from the soil. Subsurface drainage easements are essential in areas with high water tables and soils that have poor natural drainage capabilities. It is important to consult with a legal professional or local authorities to ensure compliance with Michigan laws and regulations when establishing or modifying drainage easements. These easements play a crucial role in managing water flow and mitigating potential water-related issues, ultimately contributing to the overall water management and environmental health of the region.
Michigan Drainage Easement
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The Michigan courts have accepted the general rule to natural flow. This means that natural surface waters created by rain or snow must be allowed to flow unrestricted on to lower land holdings over the natural water courses.
Can I build structures on a property with a drainage easement? It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. As long as it doesn't interfere with this, you have the freedom to build the structure you need.
Such easement shall not be less than 66 feet in width.
The Michigan courts have accepted the general rule to natural flow. This means that natural surface waters created by rain or snow must be allowed to flow unrestricted on to lower land holdings over the natural water courses.
Michigan law recognizes an easement by necessity. An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property. If the landowner has not other means to access his property, a court will create an easement by necessity.
Drainage Easements are obtained for specific uses such as storm water conveyance, storm water detention, ponding, floodplain or as access routes for operating, maintaining or repairing County Drains. Drainage Easements are not to be considered public areas and are not open to the public.
The simplest case arises when a landowner wishes to obtain permission to run his artificial drainage water in ditches or tiles across the property of a neighbor and into a natural outlet. The landowner must negotiate with his neighbor to obtain this right. This may be done (a) by a deed or (b) by granting an easement.