GeorgeS19 (Florida)
Posts: 12
Posts: 12
Posted:
Can a neighboring community build a culvert from the retention pond they built to drain the community road and property to the private drainage easement behind my house without my permission?
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Private Drainage Easement Question
Started by GeorgeS19 • 6 replies • 1819 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
If they have rights to the easement, then probably yes.
GeorgeS19 (Florida)
Posts: 12
Posts: 12
Posted:
How would I know if they have rights to the easement or not?
GeorgeS19 (Florida)
Posts: 12
Posts: 12
Posted:
The easement is "private" and was built by the original developer of our community to provide drainage for our lots. The property behind our community was originally vacant and was developed about 10 years ago. I have noticed that during our torrential Florida rains the large amount of water coming from the culvert is eroding the near side of the ditch on my side of the property. Is this other community liable for damages to my property if the water flow erodes into my yard?
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By GeorgeS19 on 04/24/2015 12:40 PM
The easement is "private" and was built by the original developer of our community to provide drainage for our lots. The property behind our community was originally vacant and was developed about 10 years ago. I have noticed that during our torrential Florida rains the large amount of water coming from the culvert is eroding the near side of the ditch on my side of the property. Is this other community liable for damages to my property if the water flow erodes into my yard?
The easement is "private" and was built by the original developer of our community to provide drainage for our lots. The property behind our community was originally vacant and was developed about 10 years ago. I have noticed that during our torrential Florida rains the large amount of water coming from the culvert is eroding the near side of the ditch on my side of the property. Is this other community liable for damages to my property if the water flow erodes into my yard?
George
Is your home in an HOA? If so, your should make them aware.
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
Quote:
to the private drainage easement behind my house without my permission?
Private to who? You? Who's easement?
NancyG3 (North Carolina)
Posts: 342
Posts: 342
Posted:
George - check with your town, county of city to see who the easement belongs to. When the developer turned everything over to the homeowners (just guessing he did)he should have turned the drainage permit over to your HOA (provided you have a HOA). This is what you have to find out first. Then read your Declarations. The answer you are looking for will probably be in them.
You also have to give more information. One of the gentlemen has asked you some questions that need to be answered.
You also have to give more information. One of the gentlemen has asked you some questions that need to be answered.
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