South Dakota Drainage Easement
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How to fill out Drainage Easement?
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FAQ
A drainage easement is a part of your property where the City has limited rights of access and/or use. 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.
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.
In South Dakota, all water (surface and ground water) is the property of the people of the state and whether you need a water right permit depends on the type of your water use. The only type of water use which does not require a water right permit is domestic use.
In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
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.
Often, they are recorded in the Registry of Deeds. This type of easement allows one lot to drain storm water onto or through another property or into a common detention pond. Drainage easements can be public or private.
In South Dakota, riparian (adjacent) landowners own the land down to the Low Water Mark. Recreational users of water for public purposes however can use land located between the High and Low Water Mark via this right-of-way.