Virginia Drainage Easement
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How to fill out Drainage Easement?
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FAQ
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 ...