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Usually, drainage refers to an indention or a trench dug in the ground that could vary in size from small to moderate. It is mainly constructed for draining water for various purposes. It is used to channel water from areas that are low lying and is usually situated at the side of the roadways, fields or in remote places where they are used for the purpose of irrigation. Commonly, the farmlands need these ditches for channelling the water in the farms to help irrigate crops. However, the drains that are located along roadsides can cause problems in driving in bad weather. Below are answers to few of the more common legal questions about drainage laws: If the ditch drains into the backyard of my house, should I direct that issue to the HOA of a subdivision?
Usually, it is the county that owns and maintains the roads in most places. Thus, in a case like this, you should first get in touch with the county. However, if you find out that it is the HOA (Home Owner’s Association) that owns or maintains the roads then you would need to contact the HOA. Once you have contacted them, you should explain them your situation with the ditch problem. Now there can be two situations. The first is if the roadways are owned and maintained by the county, then in that situation, you can certainly press a charge against the owner of the property from whom the ditch is draining into your backyard as a means to fix the problem. However, in the second situation, you can file a suit against the HOA if you find out the HOA itself is responsible for causing nuisance in your backyard. You can have them cover the damages that they have made or to fix the issue. Draining water is coming to my property from a building that is damaging my home. What are the options I have to resolve this issue and take care of the damages that are being made?
In order to locate the exact place where the water is coming from, you would need to take an engineer’s help. You can definitely have the owners of that building pay you for the damages or even seek repair costs from them to fix the drainage issue that is causing this problem. However, to be able to do that you would need to provide evidence that the water is draining from that particular building. Moreover, if there have been negligence on part of the building owners in fixing the issue that has resulted in any form of injury, you can even drag them to the court. There is a concrete ditch that is used by two homeowners. Is it possible for the owner of the property to get rid of the ditch? Moreover, if there is an owned easement on that property, where can you find that out?
In a situation like this, if the property owner has the benefit of easement and the ditch is itself on an easement, then unless and until the owner of the property is giving his or her permission to remove the ditch, no one can do it. However, you can approach the county recorder of deeds to verify the owner of the easement and also to know on whose consent you should be able to remove the ditch. It is very essential for both the land owners and residents to know about water drainage issues and various laws on how to deal with such issues. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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