What is the name of your state? Ohio
I have a problem related to drainage easements. I recently closed on a newly constructed home. The problem comes from the house next door, which is built 3 feet higher than was approved by the building department. As a result of the increased elevation, the builder built up the neighboring lot all around the house and graded the neighbor’s side over the property line, over an easement and into my yard.
The plot plans approved by the building department show both yards sloping down to the side property line. The official record plat has notes indicating that a private drainage easement exists along all adjacent lot lines in the neighborhood, 5 feet on each side of the lot. The record plat notes also state that no grading or improvements are to be made in the private drainage easement areas and the developer and builders reserve the right to enter into the easement to correct problems and ensure drainage issues are correct.
The drainage area is 4 feet outside the easement. Basically the outer 2 to 3 feet of my yard slopes up towards my neighbor’s home and most of his drainage flows into this area. If the side yard drainage was moved farther away, I could get better placement of a of the rear yard drainage swale on my lot. The property slopes down towards the back of the homes. I noted, in writing, the placement of the swales as a concern on my final walkthrough prior to closing, the builder said the final grade was to be done.
The building department states that even though they have enforcement authority to charge a daily misdemeanor fine for the violation of not building to plan, they refuse to assist in this now, telling me it is a civil matter.
My builder has passed the buck to the builder next door. I have sent them several letters telling them to build it the way it was planned or put up a wall on the neighbor’s lot. They have not responded to requests about doing that, instead they offered to do some slight grading but basically refuse to put the swale on the property line. They have gone as far as to offer to put a retaining wall on my lot. However, I do not believe my lot needs to be retained, the problem comes from next door, so it should be fixed there. I have discussed this with the neighbor and he thinks everything is fine.
Anybody have any knowledge or experience with private drainage easements or suggestions on how to deal with this? Should I take the half baked offers or force the issue?
I have a problem related to drainage easements. I recently closed on a newly constructed home. The problem comes from the house next door, which is built 3 feet higher than was approved by the building department. As a result of the increased elevation, the builder built up the neighboring lot all around the house and graded the neighbor’s side over the property line, over an easement and into my yard.
The plot plans approved by the building department show both yards sloping down to the side property line. The official record plat has notes indicating that a private drainage easement exists along all adjacent lot lines in the neighborhood, 5 feet on each side of the lot. The record plat notes also state that no grading or improvements are to be made in the private drainage easement areas and the developer and builders reserve the right to enter into the easement to correct problems and ensure drainage issues are correct.
The drainage area is 4 feet outside the easement. Basically the outer 2 to 3 feet of my yard slopes up towards my neighbor’s home and most of his drainage flows into this area. If the side yard drainage was moved farther away, I could get better placement of a of the rear yard drainage swale on my lot. The property slopes down towards the back of the homes. I noted, in writing, the placement of the swales as a concern on my final walkthrough prior to closing, the builder said the final grade was to be done.
The building department states that even though they have enforcement authority to charge a daily misdemeanor fine for the violation of not building to plan, they refuse to assist in this now, telling me it is a civil matter.
My builder has passed the buck to the builder next door. I have sent them several letters telling them to build it the way it was planned or put up a wall on the neighbor’s lot. They have not responded to requests about doing that, instead they offered to do some slight grading but basically refuse to put the swale on the property line. They have gone as far as to offer to put a retaining wall on my lot. However, I do not believe my lot needs to be retained, the problem comes from next door, so it should be fixed there. I have discussed this with the neighbor and he thinks everything is fine.
Anybody have any knowledge or experience with private drainage easements or suggestions on how to deal with this? Should I take the half baked offers or force the issue?