Comunity easements Baltimore County, MD

Started by KarlL • 8 replies • 2721 views

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KarlL (Maryland)
Posts: 1

Posted:

Our neighborhood is a row of individual homes with grassy yards, front and back. In the rear, at the far end of the yard is an easement, [about 10' wide]. Now this easement is used for utility poles and storm drainage. When it storms, this easement turns into a substantial stream. Up the street, in the easement, some of the homes have the easement lined with stones. This is great, the easement doesn't turn into a muddy ditch as it does behind my home and a number of others. My question is whose responsibility is it to get the easement lined with stones? Is it the property owner or the counties.?

MicheleD (Kentucky)
Posts: 4,491

Posted:

My guess is that it would be the homeowners.

The "easement" does not necessarily mean the utility (or whoever is granted the easement) OWNS the property. Only that they have a legal right to do X,Y, or Z on it.

Now, if the real problem is drainage issues, and the easement contains drainage, which was probably initially dug out by the sewer/water company, then contact them and get on their priority list for drainage repair.

If you don't get rapid response, then contact your local councilman, alderman, or whatever your local representatives are called and ask their office to intercede on your behalf.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Oh, one more thing, if the homeowners who applied the rocks did so independent of the sewer district or water company, then when or if the sewer district or water company needs do do drainage repair, (or any of the utilities with an easement needs to do repair) then the rocks will likely be displaced and it would be up to the homeowner to pay for/replace them -- IF they were not placed there by the utility.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Karl,

If the declarant is no longer around to ask this question of, then I would suggest you check with the city/co and ask them directly. Als, I would thik the BOD would know if the HOA is resp. for maint of the easement. If a utility easement is located on your property then of course it's your resp. to maintain. But when it's located adjacent to your property it could be either you, the HOA or the city/co.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

If a utility easement is located on your property then of course it's your resp. to maintain.

If you do want it lined with rocks, on your dime, make sure you show plans and get permission from each of the easement holders and get a building permit or permission from the city. If you mess up the drainage, you will be liable, but at least you went through all the proper permitting.

I say "leave it alone". Its not worth messing it up.

ChristinaR (Maryland)
Posts: 99

Posted:

From an Engineer in MD with a Survey background....

First, I would check your deed. Find out where your property line ends and if the easement was dedicated to a municipality. If you can't find anything I would head down to the Land Records of Baltimore County. Usually at the courthouse. Someone there should be able to help you browse through deeds and possibly plats. The copies will cost you some money (39 cents) but most counties require you to pre-load a card to be able to print the pages.

You can also register for MD Land Records Archives, which has all deeds of the state of Maryland recorded by Liber and Folio. Not sure if the website address will post on here...www.mdlandrec.net.

It is free to sign up and fairly simple to use. You can also print these pages from the internet from your home computer for free.

Hope this helps.

DeeS1 (Michigan)
Posts: 223

Posted:

Is it possible that the rocks are the problem and not the solution? They may be helping one homeowner upstream, but contributing to your problem downstream?

GlenL (Ohio)
Posts: 5,491

Posted:

Is it the property owner or the counties.? It would be the BOD's responsibility; in fact I would recommend they hire an engineer to see if reshaping the grading can mitigate the problem; something we had to do a few years ago. I would also recommend that the Board get and recommend to the homeowners to get flood insurance. If you have large amounts of flowing water that near the buildings a downpour like Nashville got a few weeks ago could cause flooding problems and normal homeowners insurance will not cover damages from a flood.

Studies show that 5 out of 4 people have problems with fractions

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Karl,
Clear this up for me. Are you in an HOA? What kind, how many units, # Board members, is your request individual or is the association involved and how.

I may have missed this, but in any event this information should be submitted.

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