Pennsylvania Drainage Easement
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FAQ
The property owner (public or private) is responsible for maintaining any open drainage easement included on that property.
Negligent maintenance is another issue. The servient estate owner is typically responsible for maintaining the easement, and when this duty is neglected, it can result in disputes. Poorly maintained easements can affect property values and functionality.
A drainage easement is a right you give to a government authority to access and use a specific part of your property for water management. The keywords here are 'access' and 'use. ' It means your property rights are at stake.
An easement is generally defined as an intangible, or non-possessory right to use another's land for a precise and definite purpose not inconsistent with the other's simultaneous right to use the same property, or, in language only a lawyer could love, an ?incorporeal hereditament.? Typically, a Pennsylvania easement ...
As described to all individual locations, the described entity, Home Owner's Associations or the Municipality maintains the drainage system and structures within the easement to allow for proper function of the system.
The civil law rule of drainage s the owner of upland property the right to drain surface waters onto lower lands and correspondingly imposes upon lower owners a duty to receive surface waters from higher lands.
For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited. Other easements may prevent the owner from building an addition onto their home, planting gardens or trees, or adding a pool or hot tub.
Occasionally when buying a house, the home buyer may discover that the property has an easement. A property easement is a legal situation in which the title to a specific piece of land remains with the landowner, but another individual or entity is given the right to use that land for a distinct purpose.
