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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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If I buy a drainage ditch, do I have the right to charge everyone

Resolved Question:

If I buy a drainage ditch, do I have the right to charge everyone who
drains into it a fee, at present they are paying nothing.
Submitted: 5 years ago.
Category: Legal
Expert:  Maverick replied 5 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

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If there is not a valid legal argument for an express or implied easement right, then yes, you could charge them to use the drainage ditch. However, trying to uncover whether an implied easement exists before you by the property may require a lot of research and be a little tricky. You would definitely want to hire a local real estate lawyer before making such purchase.

 

For, example someone who has been using the ditch for many years, may now have rights to use it by a concept called "prescriptive easements". Another example would be that if there is no other way for the water to be siphoned of, a person using the ditch could argue that he has what is called an "easement by necessity".

 

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Edited by Maverick on 2/1/2011 at 1:30 PM EST
Customer: replied 5 years ago.
How do I do the easement research?
Expert:  Maverick replied 5 years ago.

 

Determining the status of property easements begins with a special type of title search appropriately called an easements search. This specialized title search involves researching the historical ownership of the property, to locate any granting of property easements. This granting of rights normally occurs as a transfer which is not part of a full property ownership transfer. In most cases, the easements do not appear on the current property deed. See link below for more details:

 

 

http://www.easementsearch.com/

 

 

 

 

 

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