Dissolve easement that is in the county records

[FloridaCK]

FLORIDA

Hello. I purchased a house in Florida that happens to have a private drainage easement filed with the county clerk's office. The easement was between all of the plots within the subdivision. The subdivision now consists of just my plot because all of the other plots were gobbled up and replated to create a townhouse structure. However, the private easement is still on the books. As a result of the replatting, the townhouse moved their drainage swale to the front of the property (it used to be in the rear as mine is) and now a significant amount of their drainage water falls into my backyard swale and turns it into a swimming pool.

I would like to get the drainage easement off the county books so that I can regrade the property and install a drainage system to move the run off from my property to the front and into the storm drain system.

What the county can't tell me is how to get the easement dissolved. They say that because it is a private easement they don't have any jurisdiction. However, the planning board won't let me do anything with that property because of the easement. Since the townhouse was replated and built, they are no longer part of the private easement and thus I have a private easement against myself (that I can't get rid of)!!!

Can anyone clue me in as to what legal magic I need to perform to resolve this problem. I contacted a land attorney, but they wanted a $1,000 to start dealing with the problem and I can't afford that.

Thanks in advance.

 

[tranquility]

There is no value to start dealing with the problem if dealing with the problem is not the result.

Attorneys don't like to even write deeds. Property law attorneys are specialists in a difficult area of the law. This is not a DIY issue.

But, the best way to get rid of an easement in general is to have it deeded to the owner. There are many ways easements might end, but such law is complex and difficult.

Attorneys are expensive. Sometimes they're worth it.

 

[154NH773]

I agree with Tranquility. This could be a difficult issue to resolve.

You say you are the only one on this easement, but the easement may still include the other properties previously involved. There is a possibility that you might need others to sign off on a deed to extinguish the easement, regardless of whether they still use it.

I'm not saying you couldn't do it yourself, but it is not easy and not something you could be talked through easily on this forum.

 

[drewguy]

Seems like you have two issues, one having little to do with the easement.

You need to get the townhouses to create drainage that doesn't flood your rear yard.

Second, while I realize you want to clean your title, does it really matter? Is the county prohibiting you from doing anything in your rear yard? What is the risk that the townhouse owner(s) will claim use of the easement? It sounds like that risk is very low, because they've made different arrangements for drainage. If so, why not regrade your yard and install proper drainage regardless of the easement? The absolute worst thing that could happen is the townhouse owners say they want to use that easement for drainage, but if the chances of that are 1%, why not take that risk?

As a property law matter, the purchasers of the properties in the subdivision still potentially have rights to that easement, which means the townhouse has those rights. You'll need to talk to them about recording a quitclaim deed, but as others have said, you'll want a lawyer to do that.

 

[NC Aggie]

Well it's probably rare that a drainage easement would ever need to be dissolved and is the reason why the county can't instruct you on how to go about dissolving it. I would suspect that you would need the signatures of all property owners who originally or currently used this swale/ditch to drain their property. I also suspect that the developers of the townhomes should have done something to mitigate the runoff issues you are now experiencing.

 

[tranquility]

But, still see an attorney. There are many legal ways an easement may end. With your odd set of facts, a couple may apply. It would even require research by a specialist.

 

[csi7]

Drainage issues are covered through both local agencies, state agencies, and federal agencies at state level.
You can look for environmental engineer firm to do a free consult in your area, and see what the firm says will work.
The problem with the drainage from the townhouse needs to be resolved, and the first place would be the permit office for the building to be approved-on the permit, there should be an area for the drainage and runoff from the roof.
I would just fix the problem so the run off doesn't come into my yard. It would have been less expensive, less burdensome, and done a lot sooner.

 

[154NH773]

I would just fix the problem so the run off doesn't come into my yard.

You need to get the townhouses to create drainage that doesn't flood your rear yard.

I also suspect that the developers of the townhomes should have done something to mitigate the runoff issues you are now experiencing

I think some of you are missing the point. The swale on the OP's property is an easement specifically for runoff and drainage. The fact that it is filling with water is what it was designed for. It may be that changes to the other properties now allow it to accumulate, and create a possible cause of legal action, but I would advise against filling it and possibly causing damage to the townhouse property, for which the OP will be liable.
The proper course would be to re-engineer the drainage to the front as the OP has suggested, and then have the other property owners sign to extinguish the easement as it exists, in favor of whatever engineering solution is decided upon.
Then, and only then, can the OP fill the swale.

 

[fpbear]

I think some of you are missing the point. The swale on the OP's property is an easement specifically for runoff and drainage. The fact that it is filling with water is what it was designed for. It may be that changes to the other properties now allow it to accumulate, and create a possible cause of legal action, but I would advise against filling it and possibly causing damage to the townhouse property, for which the OP will be liable.
The proper course would be to re-engineer the drainage to the front as the OP has suggested, and then have the other property owners sign to extinguish the easement as it exists, in favor of whatever engineering solution is decided upon.
Then, and only then, can the OP fill the swale.

It sounds like when a drainage easement becomes invalid because of some paperwork goof up, changes should not be made to the water flow (especially upstream) without first fixing the easement.

What if the other owners don't agree to extinguish the easement? Then an invalid easement continues in perpetuity?

 

[TheGeekess]

It sounds like when a drainage easement becomes invalid because of some paperwork goof up, changes should not be made to the water flow (especially upstream) without first fixing the easement.

What if the other owners don't agree to extinguish the easement? Then an invalid easement continues in perpetuity?

The OP is long gone. Please don't necropost.

 

[fpbear]

The OP is long gone. Please don't necropost.

This thread is very interesting for its legal principles to the general community regardless whether the OP is still around or not.

 

[TheGeekess]

This thread is very interesting for its legal principles to the general community regardless whether the OP is still around or not.

Then I suggest you use the blog feature, if you find it so interesting. Necroposting is frowned upon by the community members.

 

[fpbear]

Then I suggest you use the blog feature, if you find it so interesting. Necroposting is frowned upon by the community members.

I thought a public discussion forum was for the benefit of the entire community; otherwise it would be a private email Q&A service that would only go to the OP.

 

[TheGeekess]

I thought a public discussion forum was for the benefit of the entire community; otherwise it would be a private email Q&A service that would only go to the OP.

Please do not necropost.

 

[fpbear]

Please do not necropost.

TheGeekess, necroposting usually refers to old topics that have already been resolved. However in this topic there are interesting legal principles for the wider community that are still unresolved, or not fully explained yet. I used to moderate discussion forums and I think what you're doing is a little extreme.