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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Issue with Drainage Easement

    I've just completed subdividing a parcel of land that I purchased from an estate a few years ago in Orange City. I kept the main estate, and decided to build 6 homes on the site. The architect I hired is into ecologically friendly building and convinced me to use a different type of drainage system thatís used pretty only much in Australia. I connected the six lots and the main house to a common drainage system.

    In an effort to establish a good relationship with the town council I granted the city an easement to maintain the drainage system for the subdivision. At the time the property plat map was recorded the easement was clearly stated on the plat, however my lawyer did a cursory search at the Recorderís Office and found that all but one of the lotsí deeds have the easement language regarding the drain.

    Additionally, Iíve just received word that the City just filed for bankruptcy as a result of last summerís hurricane activity. They have just fired the entire City Maintenance Department (the department that handled drainage issues). Most city employees are on unpaid leave, the state might have to place the City in receivership. Due to the Cityís circumstances, I would like to hire a private contractor to do the work but the lot owner whose deed doesnít contain the easement refuses to allow the private contractor to come onto the property citing that his deed allows him to refuse access to his property. However, given the complexity of the drainage system the work cannot be done without access to all the lots. In light of the severity of storm damage there is a need to address the repairs as soon as possible.

    Would someone please elaborate on the issue regarding the right of my private contractor to enter the non-easement property in order to repair the common storm drain that would be much appreciated.

    As well, what potential legal actions are there between me and the City?

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Issue with Drainage Easement

    If your original plat showed the drainage easement, was dedicated, approved and recorded, and an easement is shown on the holdout owner's lot, the easement most likely exists even in the absence of any reference in the deed.

  3. #3
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Issue with Drainage Easement

    Also, if not as LS has mentioned, you can go get an attorney and condemn the hold out property. Expect to pay higher land cost and a bunch of legal fees.

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Issue with Drainage Easement

    Quote Quoting LandSurveyor
    View Post
    If your original plat showed the drainage easement, was dedicated, approved and recorded, and an easement is shown on the holdout owner's lot, the easement most likely exists even in the absence of any reference in the deed.
    I agree; if it's on the plat, it is a good easement.

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