Easement problem

[basspro]

What is the name of your state? North Carolina
I bought a lot in 1999. Built a house on the lot in 2003. The lot is in a gated community, with golf courses and a lake. My lot is on the lake. I knew there was a drainage line down one side of the lot. The drainage line is to remove excess water from a golf course (across the street from my lot). Part of the drainage line is in concrete pipe and about half is an open ditch. The open ditch is about 5 feet wide.

I was not overly concerned about the ditch until recently when I had some water problems in my front yard. The yard is always wet and I had someone in to determine the problem. It seems the golf course drainage enters my lot near the street, then cuts a 45 degree angle across my lot to reach the ditch. The pipe appears to be leaking water into my front yard.

Research at the court house register of deeds revealed a covenant which states "There is reserved the right to install and maintain underground utilities, and where necessary, a surface drainage system, in and under the rear 8 feet of any lot, and in and under the 3 feet thereof adjacent to any side lot line, and in, and over streets, rights of way, beaches or recreation areas, or the right to license or permit same to be done."

The drainage ditch is certainly is excess of being in or under the 3 feet allowed on the side of my lot. The pipe running under my lot (at the 45 degree angle) appears to me to violate the easement also.

I would like for the golf course to correct the problem by replacing the pipe running across my lot and put concrete pipe in the open drainage ditch and cover the pipe.

I guess my question is that whether I bought the lot with the ditch in place or not, does the fact that there is a violation of the easement give me grounds to pursue this matter.

 

[seniorjudge]

Do you know how long the thing has been there?

Since you and your predecessors in title appear not to have done anything for at least seven years, there MAY be a prescriptive easement.

In any event, they still need to fix a leaking pipe since that is either trespassing or overburdening the easement or both.

Time for some negotiations.

 

[nextwife]

Have you also reviewed your title report to be certain whether no OTHER easements ,set backs, or ROWS are established that affect these pipes?

 

[basspro]

I have reviewed my title. The title references the register's book and page, which includes the convenant description I provided in the post. There are not any other references to any additional setbacks, easements, etc. anywhere.

SeniorJudge, I realize what you are saying about the elapsed time; however, there isn't any way I could have known about the pipe crossing under my property at a 45 degree angle without digging up the pipe. I will call the golf couse/management company and see where we go. The reason behind my asking before the call is that nearly everyone I have spoken with says the golf course/management company is unwilling to address any such matters unless litigation becomes involved and I wanted to see if I had a leg to stand on before proceeding.

Thanks for the replies.

 

[rowz]

I always wonder why, when people are faced with these type of issues they rely on telephone communications.

MHO is research your problem and then using all the facts that you can muster, send the owner/mgmnt/recording secty/the firms legal counsel [or all of them] Certified mail w/ RRR & put all of your concerns and issues in writing. I [almost] always put a deadline
for a response in there. It seems to kick things along. Do not forget a demand/suggestion of a remedy.

It has been my experience that when dealing with these things, the follow-up calls/personal visits are ALWAYS treated seriously and with respect. The other result is that it goes a long way to making the paper trail that is of great value if you end up in court.

I've also found it very useful when hoisting public officials on their own petards & then get them to repsond to you in a public forum. They almost always end up tripping over their own tongues.