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Drainage Easement Flooding My Property

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fpmr96a

Junior Member
What is the name of your state? CT

I live in a 28 year old house I've owned for 2.5 years. My backyard regularly floods when it rains with standing water mud remaining for weeks afterward.

Recently I began a pool/deck project and while applying for a building permit, received copy of the plot plan. Upon reviewing, I became aware of a drainage easement along the backmost 15' of my property. This area is uphill from my backyard and house and is wooded. Upon inspecting this area, along with my sister who is a state health inspector, it became apparant that the major source of my water was this drainage easement. A path of water extends from this area to my yard and there is evidence of a longtime pattern.

I called my town engineer and pointed out that the town has exceeded the bounderies of this drainage easement and it was causing ongoing hardships for my family. He agreed to research the history of this drainage easement and inspect the property. I was happy that he was so willing to get involved.

Should I expect the town to assist with the expenses of fixing this problem? Do I have legal recourse?

Thanks Very Much,
Sam
 



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