Understanding storm drainage easements is essential if you own a commercial property. These legal agreements grant the government the right to use a portion of your land for water management purposes. While they might seem straightforward, there are crucial details you should be aware of before agreeing to such easements. Our stormwater management experts break down the concept of storm drainage easements, their permanence, ownership, and implications for your business.
Need expert knowledge or stormwater management service in MD, DC, or VA? Contact iSTORMWATER online or call us at (410) 231-3455.
The Basics of Storm Drainage Easements
In general terms, an easement is a right granted by one property owner to another for a specific use of a portion of the owner’s land.
Storm drainage easements are a type of utility easement that allows the government to access and use a particular part of your property to manage water drainage. Like most utility easements, storm drainage easements are permanent, meaning they continue to exist even if you sell the property to someone else.
Ownership and Maintenance
It’s crucial to understand that while you grant the easement, you still retain ownership of the land. The government or county responsible for the drainage system holds specific rights to access and use the designated area.
However, as the property owner, you are responsible for routine grounds maintenance within the easement area, such as grass mowing and debris removal. Additionally, any trees, shrubs, or other growth within the easement are your responsibility to maintain.
The iSTORMWATER team can help you create a maintenance plan for your storm drainage easement. Not only will the plan help you keep up on required maintenance, but it will also help to keep the drainage solution operating efficiently.
How To Tell if You Have a Storm Drainage Easement
To find out if there is a storm drainage easement on your property, you can check the plat you received when you purchased your property. These easements are also recorded in government land records.
As a business owner, it’s vital to be aware of any existing drainage easements as they may impact how you use your land and give the government the right to access and work on the area whenever necessary.
Some online tools can help you determine if you have a drainage easement on your property, but it’s best to review the documents you received when you purchased the land.
Maryland Plat Lookup
Virginia Plat Lookup
DC Plat Lookup
Permanence of Drainage Easements
Most storm drainage easements are considered permanent. Once established, the easement is secured in writing and recorded in the county’s register of deeds, making it a permanent part of the property’s deed. The easement transfers with the property, meaning it will affect all future owners unless the government officially abandons the easement, which is rare.
Common Misconceptions About Storm Drainage Easements
Many property owners mistakenly believe that granting a storm drainage easement means they will lose control over their land. However, while the easement allows the government to access and use a specific area for drainage purposes, property owners still retain ownership rights. It’s important to clarify that easements do not grant the government the authority to build structures or permanently alter the land outside the designated area. Understanding this distinction can help property owners feel more secure about their rights and responsibilities.
Potential Impacts on Property Use and Development
Storm drainage easements can significantly affect how you use your property. For instance, the presence of an easement may restrict certain activities, such as building structures, planting trees, or installing fences within the easement area. If you plan to develop your property, it’s crucial to understand these limitations upfront. Moreover, some easements may require you to maintain the area in a specific way to ensure proper drainage. Failing to adhere to these requirements can lead to fines or other legal complications.
Seek Legal Advice Before Agreeing to an Easement
Before agreeing to a storm drainage easement, consulting with an attorney specializing in property rights and easements is crucial. Easements can have significant implications, and granting access to your land might affect your business’s operations or future development plans. A knowledgeable attorney can help you fully understand the legal ramifications and negotiate any necessary terms to protect your business interests.
Call iSTORMWATER at (410) 231-3455 to schedule an appointment for all your stormwater management needs in the MD, DC, or VA.
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