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Drainage Easement

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mjk721

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? NC
I have a drainage easement on my property. Since moving in November 2004, a developer has begun escavating the land behind us. He has also put a drain pipe in the area of the easement. In the plot plans of my lot, it described the easement as a drainage easement allowing 10' of our property for that easement. The problem I have is that this 10' of land was landscaped by my builder before I bought this property. Also, during the escavation they actually came past the easement boundaries and removed several other trees. Is this developer obligated to return the land to the original condition? Does he need to replace the trees that were not within the easement boundaries? Thanks a bunch for your help!
 


S

seniorjudge

Guest
mjk721 said:
What is the name of your state?What is the name of your state?What is the name of your state? NC
I have a drainage easement on my property. Since moving in November 2004, a developer has begun escavating the land behind us. He has also put a drain pipe in the area of the easement. In the plot plans of my lot, it described the easement as a drainage easement allowing 10' of our property for that easement. The problem I have is that this 10' of land was landscaped by my builder before I bought this property. Also, during the escavation they actually came past the easement boundaries and removed several other trees. Is this developer obligated to return the land to the original condition? Does he need to replace the trees that were not within the easement boundaries? Thanks a bunch for your help!
What EXACTLY does the easement language on your deed say?

It is not wise to put landscaping in a drainage easement...that seems self-evident to me, but maybe not to your builder.

Obviously, they cannot mess up your land outside the easement.
 

mjk721

Junior Member
Well after looking it basically states "Title to the property hereinabove described is subject to the following exceptions: public service and utiity easements of record., restrictive covenents", etc. It references the plat book number and page number which indicated the drainage easement.

The landscaped area was basically natural trees that have been there for years. The builders, mine and the neighboring one, cleaned up the area with mulch. It appeared as though we just had forest next to us.

I have talked to my builder and the neighbor's builder and both thought that the easement would remain a "natural drainage area" not intented for underground pipes. This was why they went to the expense and trouble to clear and clean the area up. It looks so out of sort right now since it is a wooded neighborhood and we have this 30' cleared area between our houses now.

I guess I was hoping that they would have to at the very least try to preserve the area to close to the original condition (they did plant grass seed).

We have sent a letter to voice our concerns about the trees outside their bounderies, but we haven't received a response. We are a young family, tight with money, and are fearful that we may have to involve an attorney.

Any additional help is GREATLY appreciated!
 

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