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Blockwall/Drainage easement question

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D

denmen

Guest
:mad: undefinedWhat is the name of your state?NV
We purchased property of 1/3 acres over 1yr ago, and now living in the new house on property. On the east side of property is a drainage easement that is part of our property. We want to put up a blockwall over the easement leaving a clearance just above the drainage. Although this is part of our property and we paid a lot premium for the 1/3 acre, we are being told we cannot build the block wall the way we want to. We can build the wall on the west side of the easement which means we will not have use of our full lot (1/3). While I ( I don't DH does) don't have a problem doing that, but we will be still paying taxes on 1/3 acre. When we purchase the builder lead us to believe we would have not problems with the plans we wanted to do. We got a permit from the city to have the wall built, and when the inspectors came after the footings have been dugged, they rejected it. Now we are being told we have to get a NEW permit and build the wall to their specs. This easement is our property. Can we do anything to have th wall built OVER the easement? We have not privacy to our back yard now and children have climb over the rod iron fence that is in the back of easement. If we do build the wall to exclude the easement, and children continue to climb the fence and some how get hurt, would we still be responsible?
 


N

nextwife

Senior Member
I am presuming the easement is for some underground utiility, and not an access easement? Anyway, the easement existed when you bought the property.

It came as "part" of the package of real estate ownership of this parcel. The land can still be used in many ways- you can garden over it, practice soccer over it - you just cannot place any permanent structure over it. Now, take fencing, as an example. I've seen people span such an easement with fence posts on either side and a double-wide gate between the posts. That way, they could get the structure out of the easement if the utility needed to dig under to maintain their service lines.
 
D

denmen

Guest
The easement is for 100 year flood control. Every 100 years they expect it to rain so much, it will cause extensive flooding. We were told we could not even landscape it.
 
N

nextwife

Senior Member
READ the easement to KNOW what it says. Also talk to the regulatory (State DNR?) body that overseas the flood regulations so you REALLY know what the story is.
 
H

HomeGuru

Senior Member
denmen said:
:mad: undefinedWhat is the name of your state?NV
We purchased property of 1/3 acres over 1yr ago, and now living in the new house on property. On the east side of property is a drainage easement that is part of our property. We want to put up a blockwall over the easement leaving a clearance just above the drainage. Although this is part of our property and we paid a lot premium for the 1/3 acre, we are being told we cannot build the block wall the way we want to. We can build the wall on the west side of the easement which means we will not have use of our full lot (1/3). While I ( I don't DH does) don't have a problem doing that, but we will be still paying taxes on 1/3 acre. When we purchase the builder lead us to believe we would have not problems with the plans we wanted to do. We got a permit from the city to have the wall built, and when the inspectors came after the footings have been dugged, they rejected it. Now we are being told we have to get a NEW permit and build the wall to their specs. This easement is our property. Can we do anything to have th wall built OVER the easement? We have not privacy to our back yard now and children have climb over the rod iron fence that is in the back of easement. If we do build the wall to exclude the easement, and children continue to climb the fence and some how get hurt, would we still be responsible?
Click to expand...
**A: generally one is not allowed to build over an easement such as yours.
It apears that you have a drainage easement created to hanlde a 100 year flood. If that is corect, you should not build in the easement area.
 
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