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Drain pipe: city easement/property or private?

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Arlee

Junior Member
What is the name of your state? Alabama

Background: My yard is divided from my neighbor's by a storm drain and ditch. The concrete drain is tied into a municipal storm drain at the road above, and extends about 20 feet underground before exiting through a brick support wall at the mouth of the ditch. I don't know if this drain was original to my 40-year-old house, but I do know it was there when the previous owners bought it 25 years ago. The drain collects rain water from about six houses, not including my own, via its location on a public road. It does not collect any water from my property, as the drain is atop a ridge, and my yard slopes downward from this point toward my house. (Water from my property collects in a trench we constructed at our back property line, keeping it from flowing into the yard behind and below us.) The drain transports the entirety of this communal water through the ditch adjacent to my home, and further between the yards of the homes behind mine.

My question: Who is responsible for maintaining the concrete pipe, drain tie-in, and/or the earthen ditch?

When I moved in 5 years ago, I called the city to ask about problems with the crumbling brick support wall and mosquitos breeding in the ditch. I was told to check our deed to find out if the whole shebang was my property, my neighbor's, or the city's. Wholly confused, I dropped the matter.

Now there may be a more complicated situation relating to the tie-in with the storm drain and subsequent flood damage. Again, I don't know who is responsible for troubleshooting, repairing, and maintaining each part of the equation. I haven't yet found the original ownership info on the deed, but I don't see why a former homeowner would have constructed -- at personal expense -- a concrete pipe and tie-in for a drain that does not even serve this property.

I had thought that even an informal easement became permanent after 7 years. But I don't know if an easement relates to actual ownership and maintenance of the means of usage. I certainly don't think I have the right to tell the city not to use my drain and ditch if it turns out they belong solely to me. (If it all belongs to my neighbor, or half-&-half, then I'm really lost.) Likewise, I would think the city should take more of an interest in seeing these interconnected pieces maintained.
Any suggestions?

Thanks,
Arlee
 
Last edited:


HomeGuru

Senior Member
Arlee said:
What is the name of your state? Alabama

Background: My yard is divided from my neighbor's by a storm drain and ditch. The concrete drain is tied into a municipal storm drain at the road above, and extends about 20 feet underground before exiting through a brick support wall at the mouth of the ditch. I don't know if this drain was original to my 40-year-old house, but I do know it was there when the previous owners bought it 25 years ago. The drain collects rain water from about six houses, not including my own, via its location on a public road. It does not collect any water from my property, as the drain is atop a ridge, and my yard slopes downward from this point toward my house. (Water from my property collects in a trench we constructed at our back property line, keeping it from flowing into the yard behind and below us.) The drain transports the entirety of this communal water through the ditch adjacent to my home, and further between the yards of the homes behind mine.

My question: Who is responsible for maintaining the concrete pipe, drain tie-in, and/or the earthen ditch?

When I moved in 5 years ago, I called the city to ask about problems with the crumbling brick support wall and mosquitos breeding in the ditch. I was told to check our deed to find out if the whole shebang was my property, my neighbor's, or the city's. Wholly confused, I dropped the matter.

Now there may be a more complicated situation relating to the tie-in with the storm drain and subsequent flood damage. Again, I don't know who is responsible for troubleshooting, repairing, and maintaining each part of the equation. I haven't yet found the original ownership info on the deed, but I don't see why a former homeowner would have constructed -- at personal expense -- a concrete pipe and tie-in for a drain that does not even serve this property.

I had thought that even an informal easement became permanent after 7 years. But I don't know if an easement relates to actual ownership and maintenance of the means of usage. I certainly don't think I have the right to tell the city not to use my drain and ditch if it turns out they belong solely to me. (If it all belongs to my neighbor, or half-&-half, then I'm really lost.) Likewise, I would think the city should take more of an interest in seeing these interconnected pieces maintained.
Any suggestions?

Thanks,
Arlee
**A: start by reviewing your title report and survey map for an easements of record.
 

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