Drainage Easement

What is the name of your state? Georgia

We have a drainage easement in the back yard of our property running parallel to the house. There is a drainage pipe running underground the entire length of this easement. This pipe also runs under the lot to the left of us and under the two lots to the right.

There are two drains to this pipe. One is in the middle of our backyard and one is on the property line between our house and our neighbor to the left. There is also a headwall at the back of our property that diverts water from the neighbors behind us into this same pipe.

When we bought our home last fall, homes had not been built on the two lots to the right of us. There has been uncontrolled run-off for the past 9 months onto our lot. As a result, the grade in the back right corner of our lot has been destroyed and our backyard has sunk. We have had 4-5 ft. of our back yard erode away at the location of the headwall. When we discussed this with our builder, he said that the water is supposed to drain down to that headwall but that when the lots are completed, the problem would lessen and they would repair any damage to that headwall area.

Now they are saying that the water from these lots should actually be flowing into the drain in our back yard, not into the drainage ditch at the headwall. While the area around the drain has sunk and water could potentially flow to it, this is not the condition of our yard at closing. It is only like that now because of the uncontrolled run-off. In addition, at no time was it indicated that this drain was to provide the drainage for the two lots next door. Based on the way the yard had been built and graded, this drain was only providing drainage for our yard.

They want to build a berm to redirect water from the headwall into our drain. We do not want this additional flow of water onto our property and we want the grade restored to its original condition. They could place other drains on the lots next to us to solve the problem. We checked with the city, and this is possible. If they build a berm on our property, we will then have to maintain it.

What rights do we have regarding this solution?
Does the fact that it is a drainage easement mean that they can direct the water any way they wish over our property? Our understanding was that the easement simply meant that we have to allow access to the underground pipe if necessary.

Additional issue: when they graded the area between our house and the one to the right, they did not use the correct property line. They came onto our property and regraded. This regrading brings even more water onto our lot as all of the water from the house to the right is diverted onto our property.

Thanks for the assistance.

[HomeGuru]

Originally posted by cwb
What is the name of your state? Georgia

We have a drainage easement in the back yard of our property running parallel to the house. There is a drainage pipe running underground the entire length of this easement. This pipe also runs under the lot to the left of us and under the two lots to the right.

There are two drains to this pipe. One is in the middle of our backyard and one is on the property line between our house and our neighbor to the left. There is also a headwall at the back of our property that diverts water from the neighbors behind us into this same pipe.

When we bought our home last fall, homes had not been built on the two lots to the right of us. There has been uncontrolled run-off for the past 9 months onto our lot. As a result, the grade in the back right corner of our lot has been destroyed and our backyard has sunk. We have had 4-5 ft. of our back yard erode away at the location of the headwall. When we discussed this with our builder, he said that the water is supposed to drain down to that headwall but that when the lots are completed, the problem would lessen and they would repair any damage to that headwall area.

Now they are saying that the water from these lots should actually be flowing into the drain in our back yard, not into the drainage ditch at the headwall. While the area around the drain has sunk and water could potentially flow to it, this is not the condition of our yard at closing. It is only like that now because of the uncontrolled run-off. In addition, at no time was it indicated that this drain was to provide the drainage for the two lots next door. Based on the way the yard had been built and graded, this drain was only providing drainage for our yard.

They want to build a berm to redirect water from the headwall into our drain. We do not want this additional flow of water onto our property and we want the grade restored to its original condition. They could place other drains on the lots next to us to solve the problem. We checked with the city, and this is possible. If they build a berm on our property, we will then have to maintain it.

What rights do we have regarding this solution?
Does the fact that it is a drainage easement mean that they can direct the water any way they wish over our property? Our understanding was that the easement simply meant that we have to allow access to the underground pipe if necessary.

Additional issue: when they graded the area between our house and the one to the right, they did not use the correct property line. They came onto our property and regraded. This regrading brings even more water onto our lot as all of the water from the house to the right is diverted onto our property.

Thanks for the assistance.

**A: request that a building inspector check out the property and hire a civil engineer.

Thanks for the advice.

What is the best way to identify a reputable Civil Engineer? Are there any particular credentials I should look for?

Is this a new development that was completely re-graded from its natural state? If so, have you reviewed the development plans (County Engineer) to determine if the developer has complied with his drainage plans? Most County engineers will help you thru the process. Have you visited the County Soil and Water Dept.? They may offer free advise and help. Both places may be able to recommend civil engineers.

Make sure you are talking with a drainage engineer. Most "civil" engineers are really structural engineers (foundations, pipelines, ect).

Most engineers will give you a list of past projects. Look at them the same way you would a builder's past homes.

Does the drainage easement mention the flow of surface waters from other areas or just the pipes below? You shouldn't have to take water into that drain if it wasn't designed that way.

Thanks for the input.

Yes, this is a new development and much of it was re-graded from its original natural state. My understanding is that the underground pipe was put in to divert a creek so that these lots could be filled and made large enough for a home and yard.
We have requested a development plan from our City Engineer. The city holds the bond with the developer, not the builder. When we met with the builder, they claimed "These aren't our structures and we can't do anything to improve them." Meanwhile, they are changing the structures on the one of the two lots to our right. The city engineer informed us this morning that they gave the builder the permission to do this verbally and with no formal engineering plan. This change in plan will likely bring only more surface water to our lot.

No, the drainage easement as it is marked on the plat, and on our survey, makes no mention of the flow of surface water. It marks the pipe, the headwalls, the drains, and the 20 foot easement boundaries centered on the underground pipe. And the way the grade was originally constructed around this drain would not have allowed for it to function as a collection point for these neighboring lots. When the settling of our lot and erosion began in the fall, the builder promised to repair the damage. Now they claim the original grade was a mistake and not only are they not going to correct it, they want to send more water to this drain.

Thanks again for the advice. It has been very helpful so far--please keep it coming!

The development plan should tell you a lot. (Look for sharp kinks in contour lines and little arrows with wavy leader lines that often indicate swales.) If the approved plan was for the drain in your backyard to carry the surface water from the adjacent lots then you cannot stop it. If the plan was for each parcel to direct water to the drainage easement on their own lot then you should have the right to prevent this water from entering your parcel.

If you are not familiar with engineering drawings and the city engineer won't help, you should find a good civil engineer (like lawyers, they work by the hour at about $55 to $100 per hour).

Document (photo's, video) the conditions today, and if possible, as the site was when you received it. Do not allow the builder/developer to enter your property to modify anything. Notify them of this with RRR if you believe they would enter your land without notifying you first.

[HomeGuru]

Good advice.