North Carolina Drainage Easement
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How to fill out Drainage Easement?
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FAQ
Easements & Right-of-Way Private drainage easements: Fences may be placed within private drainage easements at the discretion of the homeowners association, landowner, or other entity whom the easement serves.
North Carolina enshrines its easement laws in various General Statutes that work together to create the rules. For a drainage easement (or any easement) to be enforceable, it must be in writing between the owner of the property (the grantor) and the entity receiving the easement (the grantee) and signed by all parties.
The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?
An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
Can my neighbor direct their water on to my land? If the higher landowner unreasonably diverts the flow of runoff, increases the flow, or contaminates the runoff in a way that causes material damage to the lower landowner, then the lower landowner can bring an action for an injunction and damages.
These types of easements include utility, aerial utility, drainage, and slope easements. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.
If fence is parallel to stormwater infrastructure within the easement, the fence must be a minimum of 5ft or a ratio away from the infrastructure whichever is greater (ie. storm pipe within the easement is 7ft deep, fence must be located 7ft away from pipe where proposed parallel).