A drainage easement in Virginia is a legal agreement or right granted to a person or entity, allowing them access to a specific area of land for the purpose of maintaining, installing, or improving drainage systems. This easement grants the authorized party the right to enter the property to construct or repair stormwater infrastructure to ensure proper drainage and prevent flooding or water damage. There are several types of drainage easements in Virginia, including: 1. Surface Water Drainage Easements: These easements typically relate to the management of surface water runoff. They allow for the construction and maintenance of drains, ditches, or culverts to control and direct the flow of water away from a property. 2. Stormwater Drainage Easements: These easements pertain specifically to the management of stormwater runoff. They provide the right to install and maintain stormwater management facilities, such as retention ponds, underground drains, or biofiltration systems, to control and treat stormwater runoff. 3. Floodplain Drainage Easements: These easements are established within floodplains where flooding is a recurring issue. They grant the right to construct and maintain flood control structures, such as levees, channels, or pumping stations, to help regulate water levels and minimize flood damage. 4. Subsurface Drainage Easements: These easements involve the management of subsurface water, such as groundwater or seepage. They allow for the installation and maintenance of drainage tiles, pipes, or wells to prevent moisture buildup and maintain soil stability. Virginia drainage easements are typically created through legal documents, such as deeds or written agreements, and are recorded with the local land records office to ensure their enforceability. It is crucial for property owners to understand the implications and restrictions that come with a drainage easement, as it may limit their ability to modify or build structures on the affected land. Whether you are a property owner considering granting a drainage easement or an entity looking to acquire one, consulting with a qualified attorney or surveyor knowledgeable in Virginia's drainage regulations is strongly advised to ensure compliance with local laws and regulations.
Virginia Drainage Easement
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At VDOT, we: Remove soil buildup and debris from open channels, ditches, and gutters. Clean out inlets, catch basins, storm sewer pipes and culverts.
Drainage Law in North Carolina is based on Common Law and court precedent. The law states that the person on the lower estate must receive and pass the water from the higher estate(s). Also, specific statutes prohibit the blockage of streams, drainageways and easements that remove water from higher elevations.
Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
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.
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowner's land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
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.
These drainage easements are dedicated to that entity, which could be a city, a county, a homeowner's association or another party. These entities are responsible for maintaining their drainage facilities in these easements.
Unless otherwise provided for in the terms of an easement, the owner of a dominant estate shall not use an easement in a way that is not reasonably consistent with the uses contemplated by the grant of the easement, and the owner of the servient estate shall not engage in an activity or cause to be present any objects ...