Easement/Drainage Ditch

[timlyndy]

In 1999 we purchased a home in Oregon. There is an easement of 20ft for access to a drainage ditch for the City. In 2000 we planned to build a fence, the City Planner came out and looked at the place where we were to place the fence. The City Planner stated the drainage ditch had been covered up the builder and he was ordered to reinstate the ditch, which he did. The City Planner stated that the ditch "looked the same as it did before it was filled in." We have received a notice from the City Planner stating that the ditch has been moved and we are to put it back to it's orignal line. We never altered the ditch to build the fence, in fact we built the fence in side our property line due to the ditch. If we do not place the ditch back to it's orignal line they will do it and charge us accordingly by placing a lien on our property. If we pay approximately $2500 dollars they will change the drainage ditch for us by putting in a new catch basin etc, which will also improve the adjoining property, (They have an easement and part of the drainage ditch) with no expense to the owner of that property who is a local Real Estate Agent who is attempting to build on the property. This would improve the adjoining land by 450 sq ft. If this ditch was replaced by the builder before we purchased the house. approved and building permit signed off, who's responsibility is it to cover the cost. The City has not talked with us once about this issue before deciding that we are responsible for covering the whole cost of improvement to the drainage ditch.

 

[HomeGuru]

In 1999 we purchased a home in Oregon. There is an easement of 20ft for access to a drainage ditch for the City. In 2000 we planned to build a fence, the City Planner came out and looked at the place where we were to place the fence. The City Planner stated the drainage ditch had been covered up the builder and he was ordered to reinstate the ditch, which he did. The City Planner stated that the ditch "looked the same as it did before it was filled in." We have received a notice from the City Planner stating that the ditch has been moved and we are to put it back to it's orignal line. We never altered the ditch to build the fence, in fact we built the fence in side our property line due to the ditch. If we do not place the ditch back to it's orignal line they will do it and charge us accordingly by placing a lien on our property. If we pay approximately $2500 dollars they will change the drainage ditch for us by putting in a new catch basin etc, which will also improve the adjoining property, (They have an easement and part of the drainage ditch) with no expense to the owner of that property who is a local Real Estate Agent who is attempting to build on the property. This would improve the adjoining land by 450 sq ft. If this ditch was replaced by the builder before we purchased the house. approved and building permit signed off, who's responsibility is it to cover the cost. The City has not talked with us once about this issue before deciding that we are responsible for covering the whole cost of improvement to the drainage ditch.

**A: confusing post. Have an attorney write to the City and tell them to take it up with the builder.