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Responsibilities of the town to maintain drainage easement

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Tommcdow47

Junior Member
New York

Back in the mid 80’s I purchased a house in Duchess County (town of East Fishkill), New York. On the survey was an Easement for drainage where I and my neighbor granted the town a drainage easement where both of us granted to the town 10 feet of our property for an approximate length of 400 feet. So a strip of 20 feet wide and about 400 feet long are listed on the survey as an easement. The first half of this drainage is a submerged pipe which is followed by an exposed trench of about 200 feet. Over the years the town has come in and trenched/removed sediment from the open trench area but never did anything to the land above the pipeline. Over the last 30 years several trees have grown and without proper trimming are now causing a safety/damage concern for my home. On 2/27/2010 during a storm one tree and several limbs from the easement landed a few feet from my home and of present would like the existing trees removed/trimmed. Back when I closed on my home I was informed that the easement allowed me to trespass but not alter/build on the property as I did own it but was under the control of the town. Does the town have the responsibility to remove/trim the trees that have grown in this easement area?What is the name of your state (only U.S. law)?
 


drewguy

Member
If it is an easement it is your property (or your neighbor's for his 10 feet). You may use it as you wish so long as it does not interfere with the drainage usage by the town (and you can't prevent access to it by them to keep it working). Being able to "trespass" isn't accurate, because you're on your property. The easement simply limits your right to build on that part of your property.

So the answer is the trees our yours and you are responsible for their removal. The town is neither responsible nor should it be able to prevent you from doing this.

Unless, of course, the terms of the easement say something different.
 

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