Pennsylvania Drainage Easement: Understanding its Types and Importance What is a Pennsylvania Drainage Easement? A Pennsylvania Drainage Easement is a legal right granted to a property owner or entity to use or access another property for the purpose of facilitating the flow of water runoff. This legal arrangement ensures that the property has the necessary drainage system in place, protecting it from potential water damage and minimizing the risk of flooding. Drainage easements can be either permanent or temporary and serve as a crucial instrument in managing stormwater in the state. Types of Pennsylvania Drainage Easements: 1. Surface Drainage Easement: This type of easement grants the right to drain excess surface water through a specified pathway on the dominant property onto the serving property. It involves constructing sales, ditches, or other designated routes to divert the water away from the dominant property. 2. Subsurface Drainage Easement: Subsurface drainage easements pertain to the installation and maintenance of subsurface water collection systems like drains, pipes, or tiles. Such easements permit the dominant property owner to discharge or collect water below the surface onto the serving property. 3. Open Ditch Drainage Easement: An open ditch drainage easement allows for the creation and maintenance of open ditches or channels on the dominant property. These ditches serve as conduits for water runoff, ensuring proper drainage and preventing flooding on the property. Importance of Pennsylvania Drainage Easements: 1. Flood Prevention: Drainage easements play a vital role in preventing flooding by allowing the movement of excess water to designated areas. This safeguarding measure helps mitigate potential damage to homes, infrastructure, and waterways during heavy rainfall or storms. 2. Property Protection: By establishing a proper drainage system, Pennsylvania drainage easements protect properties from water-related damages, such as soil erosion, mold growth, foundation issues, and structural deterioration. Maintaining effective drainage systems helps preserve the value and integrity of the affected properties. 3. Environmental Impact: With climate change and urbanization affecting water cycles, drainage easements contribute to sustainable stormwater management. These easements direct water runoff to suitable areas, allowing absorption into the ground, replenishing aquifers, and reducing the burden on municipal stormwater systems. 4. Legal Compliance: Obtaining and adhering to drainage easements in Pennsylvania ensures compliance with state and local regulations related to stormwater management. Failure to comply may result in legal consequences and potential liability for damages caused by inadequate drainage. In conclusion, Pennsylvania Drainage Easements are legal agreements that grant property owners the right to manage stormwater runoff effectively. Surface drainage, subsurface drainage, and open ditch drainage are some key types of easements in Pennsylvania. These easements protect properties from flooding, ensure proper drainage, preserve the environment, and promote legal compliance. By understanding and implementing drainage easements, property owners and communities can mitigate water-related risks and safeguard their properties from potential damages.
Pennsylvania Drainage Easement
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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.