Drainage Easement Laws

[RIcricket]

Hi,

I have a question about drainage easement laws in RI. There is major water problems in my neighborhood and is caused because the developer did not follow the plans well. There is supposed to be a swale on the top end of my property, but was never built (they are putting it in now) and now they are putting another swale on the lower side of my property (but that one is not on the approved plans). Neither one has a drainage easement listed on the plans. I'm just wondering how towns/developers go about getting drainage easements put in place after the plans have been approved/accepted and people are living on the lots that need the easements? Also can they put a swale that is not even on the plans (let alone doesn't have a drainage easement) on my property?

Thanks

[Mr. Knowitall]

You will have to review the title work to see what rights and easements they retained. If you find that they have no right to install the swale on the lower side of your property, you can tell them that they need to find a different solution.

[LandSurveyor]

I'm just wondering how towns/developers go about getting drainage easements put in place after the plans have been approved/accepted and people are living on the lots that need the easements?

It's basically like any other easement. They have to attempt to negotiate for them. If negotiation fails eminent domain comes into play and a court will decide the outcome. Compensation is required in any case.