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Questions regarding Drainage Easement and Neighbors Trespassing

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aldatx

Junior Member
What is the name of your state (only U.S. law)? Florida

We live in a densely populated suburban neighborhood and about 20 homes (Including ours) have a drainage easement. It is essentially a large recessed field, never fills with water. It is all privately owned, on our survey, it is clearly mapped out. Our fence is about 5 feet over the easement but we own about 30 feet beyond the fence. We were told that we cannot build upon the easement with a permanent structure, however it is owned by us and shows up as our property lot line on the Survey we had done 3 years ago. Our lot is 70 by 133 by 166 by 77 but our usable land is 70x100.

Yesterday, I saw a neighbor who lives on the opposite side and down a few houses carving out a track with a Roto-Till with his ATV. Shortly after, his 11 year old son was racing around, up our hill and weaving through our trees directly in back of our fence (on the drainage easement). I asked him to stay off as we had just planted new grass in February and we were trying to prevent erosion.

He was very belligerent and insisted that "No One" owns this land as we only pay taxes on the first 100 feet of the property. I insisted this was not true but it turned ugly. He insisted on continuing to ride, so I called the sherriffs office. (As he begged me to do, as he was certain he was correct.)

The sheriff sided with us, but did not catch him trespassing. Sheriff told him if we call again and he is out there, he will get a warning. The sheriff suggested that we try to get a lawyer to get the permit to fence in the property.

My concerns are as follows.

1. Even though there is a drainage easement on the last 30 feet of our property, we still own it, correct? I have a right to ask trespassers to leave, even if I am not taxed on this property? It is not county owned and I am absolutely sure of this.

2. Am I liable to be held responsible if his kid crashes into one of the trees on our land back there on his ATV?

3. Am I responsible for maintaining our land back there from erosion? If they continue to ATV, we are concerned that they will wear down the small hill that is the drainage easement, and we would have to pay to have someone bring in a bulldozer to resculpt the small hill that is techincally to retain water in a hurricane. It is a recessed field, but will not be if it erodes away. There was significant erosion with the sandy soil before we planted the grass.

4. Would a lawyer be able to help us obtain the permit from the county to fence in this land? I understand that we can't put up a permanent structure, but we would like to keep trespassers out especially if we could be liable in case of injury back there.

I appreciate your time and help. I have been a long time lurker and this site has been very helpful.
 
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seniorjudge

Senior Member
1. Even though there is a drainage easement on the last 30 feet of our property, we still own it, correct? I have a right to ask trespassers to leave, even if I am not taxed on this property? It is not county owned and I am absolutely sure of this.

A: Yes and yes.


2. Am I liable to be held responsible if his kid crashes into one of the trees on our land back there on his ATV?

A: I hope not.


3. Am I responsible for maintaining our land back there from erosion?

A: Yes; and you can sue whoever did the damage.


4. Would a lawyer be able to help us obtain the permit from the county to fence in this land?

A: It certainly would help if you had a lawyer.
 

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