Deceptive Easement Problem ??

[slim_36]

I had a home built that was completed in October 1999. It has a 20 feet draining easement that stradles one side of the lot and a 20 feet draining easement across the back of the lot. My wife, I, and the real estate agent visited this lot numerous of times. It was as a flat lot, except for the drainage easement across the back. Last week, June 14, 2000, a hole developed in our yard right on the property line (25 feet from the back line) and water was "gushing" out and into the yard, and into the easement in the back of yard. We called the city utility department who came out and stated that the drainage "pipe" was blocked and buried, and that it should be open. I phoned the builder, who phoned the developing company and they met in the yard to discuss the issue. Neither the builder nor the developer remembers covering up the draining pipe. My question is this, we went into this arrangement thinking that this lot had no visible "drainage pipes" in the yard, and had we known, we would have not chosen this lot as there were plenty others to chose from. Now, this area of the yard/pipe will be opened for the water to drain across the back. We are wondering if we have any recourse on this matter.

 

[Tracey]

I doubt it. The language about the drainage easement put you on notice to inquire more closely into what exactly was there or could be placed there. You settled for a visual inspection rather that talking to the developers or city. On the other hand, if the drain pipe mouth was covered intentionally and turfed over, you might be able to argue that the developer intentionally concealed the pipe's nature from you. Talk to a real estate attorney.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[slim_36]

Just to give some additional information, the drain pipe/mouth was completed buried (some 2 -3 feet under ground) and the entire back yard was hydroseeded. I will talk to a local real estate attorney in Viriginia. <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
I doubt it. The language about the drainage easement put you on notice to inquire more closely into what exactly was there or could be placed there. You settled for a visual inspection rather that talking to the developers or city. On the other hand, if the drain pipe mouth was covered intentionally and turfed over, you might be able to argue that the developer intentionally concealed the pipe's nature from you. Talk to a real estate attorney.

<HR></BLOCKQUOTE>

 

[slim_36]

Update on my drainage issue --- Sent a letter to my real estate attorney who contacted the builder and the developer (this is a fairly new subdivision). The land developer has offered to add an extension on the drainage pipe to take it close to the end of the lot and to pay for 50% of erecting a fence around the area. The builder has phoned me, (I was out on travel), and I have to return his call. Seems like no one caught this drainage issue. It has been covered for at least 2 years.

The city inspector admitted that he remembers this site, but says, according to the developer, that he probably did a visual inspection, and did not actually check that the drainage pipe was uncovered.

So, thanks for the advice and I am receiving cooperation and getting results!