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Drainage Easements

by | Oct 23, 2022

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A drainage easement – like other easements in real estate – gives a third party access to a section of your property. With drainage easements, the third parties are generally a municipality (city or town), and the access can be for culverts, drains, grates, and/or a drainage system.

When a drainage easement is attached to our property, it’s attached to your deed and transfers with the property every time its sold.

Drainage Easement Uses
Drainage easements are generally used to ensure that storm water can flow. These types of easements often cover ditches and creeks, and they prevent regrading of the soil and/or the addition of anything that could prevent the flow of water.

The other common use of drainage easements is to allow a city or town to access drainage infrastructure – such as pipes, grates, and culverts – for maintenance, repairs, and replacements.

Drainage Easement Restrictions
In general, when a city or town has a drainage easement on your property, you could have limited access to that area of your property and/or be limited in what you can do with the property. Drainage easement restrictions could prohibit you from putting anything in the drainage area, including:
•additions to your home and garage
•trees and landscaping
•fences and walls
•sheds, gazebos, and outbuildings
•swimming pools
•playground equipment
•trails
•hardscaping (such as paving stones and gravel)

We’re Here For You – Experienced Real Estate Attorneys
If you have questions about a drainage easement on your property or need to draft an agreement for an easement on a neighboring property, contact us. As experienced real estate attorneys, we can help you with all aspects of drainage easements, including: the scope of an easement, permissible uses, amendments to easements, enforcement of easements, and more.

At Timely Contract, we have local real estate attorneys who have experience throughout Idaho, including: Boise, Post Falls, Coeur d’Alene, Lewiston, Moscow, and Sandpoint.

We also have local real estate attorneys who have experience throughout Montana, including: Missoula, Billings, Bozeman, and Kalispell.

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