Legal use of easement

[jilljed]

What is the name of your state? New Jersey
I purchased a property which has a 10' drainage easement which runs along the back property line. The use is shown on a survey done when my street was initially developed. It shows an easement that runs from the opposite side of the cul de sac we sit on crosses through and under a few properties and then becomes horizontal to the back of my property with the last 10' being the easement. Currently it mostly runs under properties by pipe which terminates at my next door neighbors yard and runs water parallell to the easement with no piping just natural drainage on my property. It then drains across mine and 2 other neighbors and terminates at a creek. The neighbor behind our back property line is trying to get approval for a major subdivision whereby a new cul de sac with 9 houses would be developed. The plan includes a detention basin for the new street and the properties which would collect all run off water and discharge this water via a pipe perpendicular to my back property line. I checked my title insurance to see details of the easement to see if a third party can legally use this easement and it is not even mentioned. Went to the county hall of records, reran my title search and found nothing and even when their clerks looked, apart from there being a line drawn on the survey there is no documentation to say who owns this easement or what legal rights the owner has. The mayors office for our town said any records of easements owned by the town would be maintained by the borough engineers. Called them and they were clueless. I do not see how this is legal. The easement that is in existence is to run water from a drainage basin that comes from opposite the front side of our house. It runs water parellel to the back of our property which keeps it in the 10'. Proposed use is to runoff water from an entire new subdivision which is coming from the back of our house and is running perpendicular to our property and there is nothing to keep it from going beyond 10 feet. What constitutes a legal easement? When does a third party get to enjoy the use of these rights without compensation to the property owner? If an easement is totally undefined apart from a survey does that mean anyone can use it? Also, the property owners with the underground pipes have found that the original easement as drawn on the initial survey is far from accurate. I am not questioning the current use of the easement but I have problems with the borough expanding the use. Also, the property behind me has been filling the land since before I was born. Our back propety line is a rather steep cliff up to the neighbors land. The slope of the cliff probably takes about 5'. Do they have to survey stake the property because I think they are actually 5' into the 10' drainage easement already? Can we require them to do this? The borough engineer also mentioned they would probably require a construction easement on our lot in order to do the job, are we required to grant this? The place where they are talking about has a ton of trees and it would be impossible to manuever equipment there without taking out trees and I want the trees to block my view and maintain some semblence of privacy. Any imput here on any point welcomed as soon as possible.

Thanks Jill

[lcannister]

Honestly you have not ask one single question that anyone here can answer for you. It sounds like you have tried the right sources for answers with the exception of an Atty who might be better versed in researching such issues in your area.

I doubt you can stop this but if you feel you have a cause, see an Atty.

[IndianaOwner]

I would think that that drainage easement could only be used by properties in your subdivision. New subdivisions, not contemplated as part of yours, should not be able to use that drainage easement unless the local government owns the easement in which case it might be able to use it. I would think the new subdivision should set aside land for its own drainage needs. Usually, there is a drainage plan for a development, with calculations etc., and if you can show the calcs were just for your subdivision, then I would think that would clear up the purpose.