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  1. #1
    Join Date
    Apr 2010
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    15

    Default Public Drainage Across Private Property

    My question involves an easement in the state of: Wisconsin

    Our question refers to a 20' water drainage on public land that flows onto our private land then back onto public land. The flow is in a ravine that does not follow the ravine contour. Part of the ravine is entirely on our property at a point where the public right of way is into the opposite hillside of the ravine.
    What are our property rights concerning this flowage?
    Thank you.

  2. #2
    Join Date
    Jan 2006
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    27,034

    Default Re: Public Drainage Across Private Property

    what do you mean by: what are our property rights?


    are you wanting to fill in the ravine on your property?

    Is the ravine a natural contour of the land or is it man made?

    how long has the ravine been in use as a drainage path?

  3. #3
    Join Date
    Apr 2010
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    15

    Default Re: Public Drainage Across Private Property

    Thank you for the response.
    We are wondering if there should be an easement granted by us to the public entity that owns the public land.
    We do not want to alter the ravine but do want to be able to control the drainage so it does no erosion on our property.
    The ravine is a natural feature. It was designated as an easement when the subdivision was platted in the 1920's.

  4. #4
    Join Date
    Jan 2006
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    Default Re: Public Drainage Across Private Property

    The ravine is a natural feature. It was designated as an easement when the subdivision was platted in the 1920's.
    is there an easement on your property? If so, what does the originating document say to the rights of all involved?

  5. #5
    Join Date
    Apr 2010
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    15

    Default Re: Public Drainage Across Private Property

    There is no easement agreement or document. The only documents are the plat, our warranty deed (no mention of any agreements) and our abstract of title (no mention of any agreements).
    The plats that were done that long ago were not always done well. In our case the ravine was not followed entirely as the platted 20' "lane" described on the plat, and is referred to by township personnel as an easement. The drainage flows onto part of the ravine that is our personal property. The term easement is probably incorrect because easement indicates ownership and an agreement to allow usage.

  6. #6
    Join Date
    Jan 2006
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    Default Re: Public Drainage Across Private Property

    LotOwner67;610467]There is no easement agreement or document. The only documents are the plat, our warranty deed (no mention of any agreements) and our abstract of title (no mention of any agreements).
    but there is a document which is the recorded plat.


    The drainage flows onto part of the ravine that is our personal property
    .is that part of the described easement? and yes, it would be an easement.
    The term easement is probably incorrect because easement indicates ownership and an agreement to allow usage.
    if it crosses you land, an easement is exactly what it is.

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