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Questions about Drainage Laws

What is a drainage ditch?

A ditch is a type of small to moderate indention in the ground created to channel water. A drainage ditch is used to drain water from low lying areas and is normally found along side roadways or fields or is found in further away places to help irrigate crops. Drainage ditches are typically found near farmland that requires the drainage of water. Drainage ditches that are found roadside can cause driver issues in bad weather.

Should a person direct their issues with a drainage ditch with the HOA of a subdivision if the drainage ditch drains into their back yard?

The person should contact the county first since the roads in most places are owned and maintained by the county. If the HOA (Home Owners Association) owns/maintains the roadways then the person would go to the HOA and tell them of the issues with the drainage ditch. If the county owns the road the person can sue the owner of the property whom the drainage ditch drains from to seek the remedy of the issue and if it is the HOA that is responsible, then the person can sue the HOA for a nuisance and have them pay damages or to fix the issue.

If two homeowners use a concrete drainage ditch, can the drainage ditch be removed by the property owner and where can a person find out if there is an owned easement?

If the drainage ditch is on an easement, then it cannot be removed without the permission of the property owner’s that has benefit of the easement. To find out who owns the easement, the person can go to the county recorder of deeds and find out who owns the easement and who needs to give permission for the drainage ditch to be removed.

If a person has an issue with a building draining water onto the person’s property causing damage in the person’s home, what should the person do to get the drainage issue resolved and damages taken care of?

The person would need to seek an engineering study to be done to find out where the drainage water is coming from. If the person can prove that the water is coming from the building, then he/she can seek damages and repair costs from the building owners to fix the issues caused by the drainage issues. The person can also sue for any negligence that is involved for any injuries that happen due to the water drainage.

If there is question as to who owns a property or easement that a drainage ditch is located on, can anyone do anything to the drainage ditch?

Someone has to own the property and if the property owner can be found, then it comes into questions as to who owns the easement. The person who owns the easement is the only person who can make repairs, or be responsible for the damages caused by the drainage on the easement. If the property owner also owns the easement then the property owner is the one whom is responsible for the upkeep and the issues with the drainage.

Water drainage is very important to land owners and residents. When there are questions regarding the drainage laws or how to deal with an issue regarding drainage, then consulting an Expert can help resolve any issues regarding drainage.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
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Real Estate Lawyers are online & ready to help you now

Tina
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16 years of legal experience including real estate law.
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20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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13 years real estate, Realtor. Landlord 24+ years

Recent Drainage Questions

  • Subject: Re: Questions on Real Estate and Closing The house

    Subject: Re: Questions on Real Estate and Closing
    The house we want to purchase is on 30 acres and the sales price $265,000 the realtor said they would take $165,000 down which we would put on a first mortgage (conventional financing) and finance the $100,000 with a first lien against our home in Florida (that appraised for $150k paid off) with 3% interest the first year and 4% for the second with payoff due by the second year.
    Would the typical contract written with these terms usually be:
    $265,000 Total price
    $100,000 Down Equity
    $165,000 owed at closing with interest payments on $100,000 to start ______ Date.
    Is that how you would perceive the contract to be written and do you think a bank would show this as $100,000 down? surpassing the 20% down and therefore probably no extra insurance would be needed saving us the extra mortgage insurance?
    Before I close with the bank could I section off the 30 acres and put 20 acres on the loan amount and somehow keep 10 acres separate? Is that difficult to do?
    How do we keep a property looking like we paid 0 on the books if we financed over 1/2 - is that possible?
    My Fiance / Wife has a stalker, how do we make the registration or books at the appraiser or zoning etc. to keep our names off and keep private?
    Would a corporation do this, or how about a corporation within a corporation? Or a trust?
    Would it most likely be taken out of these to get the loan from the bank and is that registered at the courthouse?
    How much do you charge to look over a real estate contract and make any changes needed?
  • If a closing company writes the reservation of reserved minerals

    If a closing company writes the reservation of reserved minerals from a sales contract in a way that the minerals were not reserved and went with the property and it wasn't caught for 13 years, what rights does the original property seller have??
  • Undisclosed building defect

    I am located in Nevada.

    I don't want to disclose too many details in a public forum, but bot***** *****ne I've found there may be an expensive undisclosed defect in a property I purchased in 2001.

    This particular issue should have been disclosed on my seller real property disclosure, but was not. The issue is that I cannot find any of my paperwork from the transaction since it's 13 years old. I've already contacted the escrow company and my RE agent/broker. Nobody has any records since they seem to keep them for 5-7 years and then shred.

    My question is: If I was to pursue a claim against the person who sold me the property, am I dead in the water if I cannot locate the seller real property disclosure form from the transaction? If I claim there is an undisclosed defect, is the onus on me to prove they didn't disclose, or is the onus on them to prove they did disclose?

    I feel pretty confident there is adequate evidence to show the seller knew of the issue (they originated it) and can prove it was in place prior to me purchasing the home.

    My cost to fix is probably $30,000'ish.

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